Digitized  by  the  Internet  Archive 
in  2016 


https://archive.org/details/constitutionofstOOidah 


CONSTITUTION 


OF  THE  . 


STATE  of  IDAHO 


ADOPTED  BY  A 


CONSTITUTIONAL  CONVENTION  HELD  AT 
BOISE  CITY,  IN  THE  TERRITORY  OF 
IDAHO,  AUGUST  6,  1889 


1909 

NEWS  PUBLISHING  CO.,  LTD 
SANDPOINT,  IDAHO 


34£,7%| 
I<A  l 


fO 

f 


£ CONSTITUTION 

Adopted  by  a Constitutional  Convention  held  at 


Boise  City  in  the  Territory  of  Idaho, 
August  6,  1889 


PREAMBLE. 


We,  the  people  of  the  state  of  Idaho,  grateful  to  Al- 
mighty God  for  our  freedom,  to  secure  its  blessings  and 
promote  our  common  welfare,  do  establish  this  constitu- 
tion. 


XC 

v 


r- 


v 


« 

CO 

Q 

£ 


ARTICLE  I. 

DECLARATION  OF  RIGHTS. 

Section  1.  All  men  are  by  nature  free  and  equal  and 
have  certain  inalienable  rights,  among  which  are  enjoy- 
ing and  defending  life  and  liberty,  acquiring  possession 
and  protecting  property,  pursuing  happiness,  and  secur- 
ing safety. 

Sec  2.  All  political  power  is  inherent  in  the  people. 
Government  is  instituted  for  their  equal  protection  and 
benefit,  and  they  have  the  right  to  alter,  reform  or 
abolish  the  same  whenever  they  may  deem  it  necessary, 
and  no  special  privileges  or  immunities  shall  ever  be 
granted  that  may  not  be  altered,  revoked,  or  repealed  by 
the  legislature. 

Sec.  3.  The  state  of  Idaho  is  an  inseperable  part  of 
the  American  Union,  and  the  Constitution  of  the  United 
States  is  the  supreme  law  of  the  land. 


6 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


Sec.  4.  The  exercise  and  enjoyment  of  religions 
faitli  and  worship  shall  forever  be  guaranteed;  and  no 
person  shall  be  denied  any  civil  or  political  right, 
privilege,  or  capacity  on  account  of  his  religions  opin- 
ions ; but  the  liberty  of  conscience  hereby  secured  shall 
not  be  construed  to  dispense  with  oaths  or  affirmations, 
or  excuse  acts  of  licentiousness  or  justify  polygamous  or 
other  pernicious  practices,  inconsistent  with  morality  or 
the  peace  or  safety  of  the  state;  nor  to  permit  any  per- 
son, organization,  or  association  to  directly  or  indirectly 
aid  or  abet,  counsel  or  advise,  any  person  to  commit  the 
crime  of  bigamy  or  polygamy,  or  any  other  crime.  No 
person  shall  be  required  to  attend  or  support  any  min- 
istry or  place  of  worship,  religious  sect  or  denomination, 
or  pay  tithes  against  his  consent;  nor  shall  any  prefer- 
ence be  given  by  law  to  any  religious  denomination  or 
mode  of  worship.  Bigamy  and  polygamy  are  forever 
prohibited  in  the  state,  and  the  legislature  shall  provide 
by  law  for  the  punishment  of  such  crimes. 

Sec.  5.  The  privilege  of  the  writ  of  habeas  corpus 
shall  not  be  suspended  unless,  in  case  of  rebellion  or  in- 
vasion, the  public  safety  requires  it,  and  then  only  in  such 
manner  as  shall  be  prescribed  by  law. 

Sec.  6.  All  persons  shall  be  bailable  by  sufficient 
sureties,  except  for  capital  offenses,  where  the  proof  is 
evident  or  the  presumption  great.  Excessive  bail  shall 
not  be  required,  nor  excessive  tines  imposed,  nor  cruel 
and  unusual  punishments  inflicted. 

Sec.  7.  The  right  of  trial  by  jury  shall  remain  in- 
violate, but  in  civil  actions  three-fourths  of  the  jury  may 
render  a verdict  and  the  legislature  may  provide  that  in 
all  cases  of  misdemeanors  five-sixths  of  the  jury  render 
a verdict.  A trial  by  jury  may  be  waived  in  all  criminal 
cases  not  amounting  to  felony  by  the  consent  of  both 
parties,  expressed  in  open  court,  and  in  civil  actions  by 
the  consent  of  the  parties,  signified  in  such  manner  as 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


may  be  prescribed  by  law.  In  civil  actions  and  cases  of 
misdemeanor  the  jury  may  consist  of  twelve  or  any  num- 
ber less  than  twelve  upon  which  the  parties  may  agree  in 
open  court. 

Sec.  8.  No  person  shall  be  held  to  answer  for  any 
felony  or  criminal  offense  of  any  grade,  unless  on  pre- 
sentment or  indictment  of  a grand  jury  or  on  information 
of  the  public  prosecutor,  after  a commitment  by  a magis- 
trate, except  in  cases  of  impeachment,  in  cases  cognizable 
by  probate  courts  or  by  justices  of  the  peace,  and  in  cases 
arising  in  the  militia  when  in  actual  service  in  time  of 
war  or  public  danger : Provided,  That  a grand  jury  may 

be  summoned  upon  the  order  of  the  district  court  in  the 
manner  provided  by  law:  and,  Provided  further,  that 
after  a charge  has  been  ignored  by  a grand  jury,  no  per- 
son shall  be  held  to  answer  or  for  trial  therefor  upon  in- 
formation of  the  public  prosecutor. 

Sec.  9.  Every  person  may  freely  speak,  write  and 
publish  on  all  subjects,  being  responsible  for  tbe  abuse  of 
that  liberty. 

Sec.  10.  The  people  shall  have  the  right  to  assemble 
in  a peaceable  manner  to  consult  for  their  common  good; 
to  instruct  their  representatives,  and  to  petition  the 
Legislature  for  the  redress  of  grievances. 

Sec,  11.  The  people  have  the  right  to  bear  arms  for 
their  security  and  defense;  but  the  legislature  shall  regu- 
late the  exercise  of  this  right  by  law. 

Sec.  12.  The  military  shall  be  subordinate  to  the 
civil  power;  and  no  soldier  in  time  of  peace  shall  be  quar- 
tered in  any  house  without  the  consent  of  its  owner,  nor 
in  time  of  war  except  in  the  manner  prescribed  by  law. 

Sec.  13.  In  all  criminal  prosecutions,  the  party  ac- 
cused shall  have  the  right  to  a speedy  and  public  trial ; to 
have  the  process  of  the  court  to  compel  the  attendance  of 
witnesses  in  his  behalf,  and  to  appear  and  defend  in  per- 
son and  with  counsel. 


8 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


No  person  shall  be  put  twice  in  jeopardy  for  the  same 
offense ; nor  he  compelled  in  any  criminal  case  to  be  a 
witness  against  himself,  nor  be  deprived  of  his  life,  lib- 
erty or  property  without  due  process  of  law. 

Sec.  14.  The  necessary  use  of  lands  for  the  construc- 
tion of  reservoirs  or  storage  basins,  for  the  purposes  of 
irrigation,  or  for  the  rights  of  way  for  the  construction 
of  canals,  ditches,  flumes  or  pipes  to  convey  water  to  the 
place  of  use,  for  any  useful,  beneficial  or  necessary  pur- 
pose, or  for  drainage;  or  for  the  drainage  of  mines,  or 
the  working  thereof,  by  means  of  roads,  railroads,  tram- 
ways, cuts,  tunnels,  shafts,  hoisting  works,  dumps,  or 
other  necessary  means  to  their  complete  development,  or 
any  other  use  necessary  to  the  complete  development  of 
the  material  resources  of  the  state  or  the  preservation  of 
the  health  of  its  inhabitants,  is  hereby  declared  to  be  a 
public  use,  and  subject  to  the  regulation  and  control  of 
the  State. 

Private  property  may  be  taken  for  public  use,  but  not 
until  a just  compensation,  to  be  ascertained  in  a manner 
prescribed  by  law,  shall  be  paid  therefor. 

Sec.  15.  There  shall  be  no  imprisonment  for  debt  in 
this  state  except  in  cases  of  fraud. 

Sec.  16.  No  bill  of  attainder,  ex  post  facto  law,  or 
law  impairing  the  obligation  of  contracts,  shall  ever  be 
passed. 

Sec.  17.  The  right  of  the  people  to  be  secure  in  their 
persons,  houses,  papers  and  effects  against  unreasonable 
searches  and  seizures,  shall  not  be  violated ; and  no  war- 
rant shall  issue  without  probable  cause  shown  by 
affidavit,  particularly  describing  the  place  to  be  searched 
and  the  person  or  thing  to  be  seized. 

Sec.  18.  Courts  of  justice  shall  be  open  to  every  per- 
son, and  a speedy  remedy  afforded  for  every  injury  of 
person,  property  or  character,  and  right  and  justice  shall 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


9 


be  administered  without  sale,  denial,  delay,  or  prejudice. 

Sec.  19.  No  power,  civil  or  military,  shall  at  any 
time  interfere  with  or  prevent  the  free  and  lawful  exer- 
cise of  the  right  of  suffrage. 

Sec.  20.  No  property  qualification  shall  ever  be  re- 
quired for  any  person  to  vote  or  hold  office  except  in 
school  elections  or  elections  creating  indebtedness. 

Sec.  21.  This  enumeration  of  right  shall  not  be  con- 
strued to  impair  or  deny  other  rights  retained  by  the 
people. 

ARTICLE  II. 

DISTRIBUTION  OF  POWERS. 

Section  1.  The  powers  of  the  government  of  this 
state  are  divided  into  three  distinct  departments,  the 
legislative,  executive  and  judicial;  and  no  person  or  col- 
lection of  persons  charged  with  the  exercise  of  powers 
properly  belonging  to  one  of  these  departments,  shall  ex- 
ercise any  powers  properly  belonging  to  either  of  the 
others,  except  as  in  this  constitution  expressly  directed 
or  permitted. 

ARTICLE  III. 

LEGISLATIVE  DEPARTMENT. 

Section  1.  The  legislative  power  of  the  state  shall  be 
vested  in  a senate  and  house  of  represenatives.  The  en- 
acting clause  of  every  bill  shall  be  as  follows:  “Be  it 

enacted  by  the  Legislature  of  the  State  of  Idaho.  ” 

Sec.  2.  The  senate  shall  consist  of  eighteen  members 
and  the  house  of  representatives  of  thirty-six  members. 
The  legislature  may  increase  the  number  of  senators  and 
representatives : Provided , The  number  of  senators 

shall  never  exceed  twenty-four,  and  the  house  of  repre- 
sentatives shall  never  exceed  sixty  members.  The  sena- 
tors and  representatives  shall  be  chosen  by  the  electors 


10 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


of  tlie  respective  counties  or  districts  into  which  the  state 
may  from  time  to  time  he  divided  by  law. 

Sec.  3.  The  senators  and  representatives  shall  be 
elected  for  the  term  of  two  years,  from  and  after  the  first 
day  of  December  next  following  the  general  election. 

Sec.  4.  The  members  of  the  first  legislature  shall  be 
apportioned  to  the  several  legislative  districts  of  the 
state  in  proportion  to  the  number  of  votes  polled  at  the 
last  general  election  for  delegate  to  congress,  and  there- 
after to  be  apportioned  as  may  be  provided  by  law : 
Provided , Each  county  shall  be  entitled  to  one  represen- 
tative. 

Sec.  5.  A senatorial  or  representative  district,  when 
more  than  one  county  shall  constitute  the  same,  shall  be 
composed  of  contiguous  counties  and  no  county  shall  be 
divided  in  creating  such  districts. 

Sec.  6.  No  person  shall  be  a senator  or  representa- 
tive who  at  the  time  of  his  election  is  not  a citizen  of  the 
United  States  and  an  elector  of  this  state,  nor  anyone 
who  has  not  been  for  one  year  next  preceeding  his  elec- 
tion an  elector  of  the  country  or  district  whence  he  may 
be  chosen. 

Sec.  7.  Senators  and  representatives,  in  all  cases 
except  for  treason,  felony,  or  breach  of  the  peace,  shall  be 
privileged  from  arrest  during  the  session  of  the  legisla- 
ture, and  in  going  to  and  returning  from  the  same,  and 
shall  not  be  liable  to  any  civil  process  during  the  session 
of  the  legislature,  nor  during  the  ten  days  next  before  the 
commencement  thereof;  nor  shall  a member  for  words 
uttered  in  debate  in  either  house  be  questioned  in  any 
other  place. 

Sec.  8.  The'  sessions  of  the  legislature  shall,  after  the 
first  session  thereof,  be  held  biennially,  at  the  capital  of 
the  state,  commencing  on  the  first  Monday  after  the  first 
day  of  January,  and  every  second  year  thereafter,  unless 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


11 


a different  day  shall  have  been  appointed  by  law,  and  at 
other  times  when  convened  by  the  governor. 

Sec.  9.  Each  house  when  assembled  shall  choose  its 
own  officers,  judge  of  the  election,  qualifications,  and  re- 
turns of  its  own  members,  determine  its  own  rules  of  pro- 
ceeding, and  sit  upon  its  own  adjournments ; but  neither 
house  shall,  without  the  concurrence  of  the  other,  ad- 
journ for  more  than  three  days,  nor  to  any  other  place 
than  that  in  which  it  may  be  sitting. 

Sec.  10.  A majority  of  each  house  shall  constitute  a 
quorum  to  do  business,  but  a smaller  number  may 
adjourn  from  day  to  day,  and  may  compel  the  attendance 
of  absent  members  in  such  manner  and  under  such 
penalties  as  such  house  may  provide.  A quorum  being 
in  attendance,  if  either  house  fail  to  effect  an  organiza- 
tion- within  the  first  four  days  thereafter,  the  members  of 
the  house  so  failing  shall  be  entitled  to  no  compensation 
from  the  end  of  the  said  four  days  until  an  organization 
shall  have  been  effected. 

Sec.  11.  Each  house  may,  for  good  cause  shown, 
with  the  concurrence  of  two-thirds  of  all  the  members, 
expel  a member. 

Sec.  12.  The  business  of  each  house,  and  of  the  com- 
mittee of  the  whole,  shall  be  transacted  openly  and  not  in 
secret  session. 

Sec.  13.  Each  house  shall  keep  a journal  of  its  pro- 
ceedings; and  the  yeas  and  nays  of  the  members  of 
either  house  on  any  question,  shall  at  the  request  of  any 
three  members  present,  be  entered  on  the  journal. 

Sec.  14.  Bills  may  originate  in  either  house,  but  may 
be  amended  or  rejected  in  the  other,  except  that  bills  for 
raising  revenue  shall  originate  in  the  house  of  represen- 
tatives. 

Sec.  15.  No  law  shall  be  passed  except  by  bill,  nor 
shall  any  bill  be  put  upon  its  final  passage  until  the  same, 


12 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


with  the  amendments  thereto,  shall  have  been  printed  for 
the  use  of  the  members ; nor  shall  any  bill  become  a law 
unless  the  same  shall  have  been  read  on  three  several 
days  in  each  house  previous  to  the  final  vote  thereon : Pro- 
vided, In  case  of  urgency,  two-thirds  of  the  house  where 
such  bill  may  be  pending  may,  upon  a vote  of  the  yeas 
and  nays,  dispense  with  this  provision.  On  the  final  pas- 
sage of  all  bills  they  shall  be  read  at  length,  section  by 
section,  and  the  vote  shall  be  by  yeas  and  nays  upon 
each  bill  separately,  and  shall  be  entered  upon  the  jour- 
nal; and  no  bill  shall  become  a law  without  the  concur- 
rence of  a majority  of  the  members  present. 

Sec.  16.  Every  act  shall  embrace  but  one  subject 
and  matters  properly  connected  therewith,  which  subject 
shall  be  expressed  in  the  title;  but  if  any  subject  shall  be 
embraced  in  an  act  which  shall  not  be  expressed  in  the 
title,  such  act  shall  be  void  only  as  to  so  much  thereof  as 
shall  not  be  embraced  in  the  title. 

Sec.  17.  Every  act  or  joint  resolution  shall  be  plain- 
ly worded,  avoiding  as  far  as  practicable  the  use  of 
technical  terms. 

Sec.  18.  No  act  shall  be  revised  or  amended  by  mere 
reference  to  its  title,  but  the  section  as  amended  shall  be 
set  forth  and  published  at  full  length. 

Sec.  19.  The  legislature  shall  not  pass  local  or 
special  laws  in  any  of  the  following  enumerated  cases, 
that  is  to  say : 

Regulating  the  jurisdiction  and  duties  of  justices  of 
the  peace  and  constables. 

For  the  punishments  of  crimes  and  misdemeanors. 

Regulating  the  practice  of  the  courts  of  justice. 

Providing  for  a change  of  venue  in  civil  or  criminal 
actions. 

Granting  divorces. 

Changing  the  names  of  persons  or  places. 

Authorizing  the  laying  out,  opening,  altering,  main- 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


13 


taining,  working  on,  or  vacating  roads,  highways,  streets, 
alleys,  town  plats,  parks,  cemeteries,  or  any  public 
grounds  not  owned  by  the  state. 

Summoning  and  impanneling  grand  and  trial  juries, 
and  providing  for  their  compensation. 

Regulating  county  and  township  business,  or  the  elec- 
tion of  county  and  township  officers. 

For  the  assessment  and  collection  of  taxes. 

Providing  for  and  conducting  elections,  or  designat- 
ing the  place  of  voting. 

Affecting  the  estates  of  deceased  persons,  minors,  or 
other  persons  under  legal  disabilities. 

Extending  the  time  for  collection  of  taxes. 

Giving  effect  to  invalid  deeds,  leases,  or  other  instru- 
ments. 

Refunding  money  paid  into  the  state  treasury. 

Releasing  or  extinguishing,  in  whole  or  in  part,  the  in- 
debtedness, liability  or  obligation  of  any  person  or  cor- 
poration in  this  state,  or  any  municipal  corporation 
therein. 

Declaring  any  person  of  age,  or  authorizing  any 
minor  to  sell,  lease  or  incumber  his  or  her  property. 

Legalizing  as  against  the  state  the  unauthorized  or 
invalid  act  of  any  officer. 

Exempting  property  from  taxation. 

Changing  county  seats ; unless  the  law  authorizing  the 
change  shall  require  that  two-thirds  of  the  legal  votes 
cast  at  a general  or  special  election  shall  designate  the 
pi  ?e  to  which  the  county  seat  shall  be  changed:  Pro- 

vided, That  the  power  to  pass  a special  law  shall  cease  as 
long  as  the  legislature  shall  provide  such  change  by  gen- 
eral law : Provided  further,  That  no  special  law  shall  be 

passed  for  any  one  county  oftener  than  once  in  six  years. 

Restoring  to  citizenship  persons  convicted  of  in- 
famous crimes. 

Regulating  the  interest  on  money. 


14 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


Authorizing  the  creation,  extension  or  impairing  of 
leins. 

Chartering  or  licensing  ferries,  bridges  or  roads. 

Eemitting  fines,  penalties  or  forfeitures. 

Providing  for  the  management  of  common  schools. 

Creating  offices  or  prescribing  the  powers  and  duties 
of  officers  in  counties,  cities,  townships,  election  districts 
or  school  districts,  except  as  in  this  constitution  other- 
wise provided. 

Changing  the  law  of  descent  or  succession. 

Authorizing  the  adoption  or  legitimization  of  chil- 
dren. 

For  limitation  of  civil  or  criminal  actions. 

Creating  any  corporation. 

Creating,  increasing  or  decreasing  fees,  percentages, 
or  allowances  of  public  officers  during  the  term  for  which 
said  officers  are  elected  or  appointed. 

Sec.  20.  The  legislature  shall  not  authorize  any 
lottery  or  gift  enterprise  under  any  pretense  or  for  any 
purpose  whatever. 

Sec.  21.  All  bills  or  joint  resolutions  passed  shall  be 
signed  by  the  presiding  officers  of  the  respective  houses. 

Sec.  22.  No  act  shall  take  effect  until  sixty  days 
from  the  end  of  the  session  at  which  the  same  shall  have 
been  passed,  except  in  case  of  emergency,  which  emerg- 
ency shall  be  declared  in  the  preamble  or  in  the  body  of 
the  law. 

Sec.  23.  Each  member  of  the  legislature  shall . re- 
ceive for  his  services  a sum  not  exceeding  five  dollars  per 
day  from  the  commencement  of  the  session,  but  such  pay 
shall  not  exceed  for  each  member,  except  the  presiding 
officer,  in  the  aggregate  three  hundred  dollars  for  per 
diem  allowances  for  any  one  session;  and  shall  receive 
each  the  sum  of  ten  cents  per  mile  each  way  by  the  usual 
traveled  route. 

When  convened  in  extra  session  by  the  governor,  they 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


15 


shall  each  receive  five  dollars  per  day;  hut  no  extra  ses- 
sion shall  continue  for  a longer  period  than  twenty  days, 
except  in  case  of  the  first  session  of  the  legislature. 
They  shall  receive  such  mileage  as  is  allowed  for  regular 
sessions.  The  presiding  officers  of  the  legislature  shall 
each,  in  virtue  of  his  office,  receive  an  additional  com- 
pensation equal  to  one-half  his  per  diem  allowance  as  a 
member : Provided,  That  whenever  any  member  of  the 

legislature  shall  travel  on  a free  pass  in  coming  to  or 
returning  from  the  session  of  the  legislature,  the  number 
of  miles  actually  traveled  on  such  pass  shall  be  deducted 
from  the  mileage  of  such  member. 

Sec.  24.  The  first  concern  of  all  good  government  is 
the  virtue  and  sobriety  of  the  people,  and  the  purity  of 
the  home.  The  legislature  should  further  all  wise  and 
well  directed  efforts  for  the  promotion  of  temperance 
and  morality. 

Sec.  25.  The  members  of  the  legislature  shall,  be- 
fore they  enter  upon  the  duties  of  their  respective  offices, 
take  or  subscribe  the. following  oath  or  affirmation:  “I 

do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I 
will  support  the  constitution  of  the  United  States,  and 
the  constitution  of  the  state  of  Idaho,  and  that  I will 
faithfully  discharge  the  duties  of  senator  (or  representa- 
tive as  the  case  may  be)  according  to  the  best  of  my 
ability.”  And  such  oath  may  be  administered  by  the 
governor,  secretary  of  state,  or  judge  of  the  supreme 
court  or  presiding  officer  of  either  house. 

ARTICLE  IV. 

EXECUTIVE  DEPARTMENT. 

Section  1.  The  executive  department  shall  consist  of 
a governor,  lieutenant-governor,  secretary  of  state,  state 
auditor,  state  treasurer,  attorney  general  and  superin- 
tendent of  public  instruction,  each  of  whom  shall  hold  his 
office  for  two  years  beginning  on  the  first  Monday  in 


16 


CONSTITUTION  OF  THE  STATF  OF  IDAHO 


January  next  after  his  election,  except  as  otherwise  pro- 
vided in  this  constitution.  The  officers  of  the  executive 
department,  excepting  the  lieutenant-governor,  shall, 
during  their  terms  of  office,  reside  at  the  seat  of  govern- 
ment, where  they  shall  keep  the  public  records,  books  and 
papers.  They  shall  perform  such  duties  as  are  pre- 
scribed by  this  constitution  and  as  may  be  prescribed  by 
law. 

Sec.  2.  The  officers  najned  in  section  one  of  this 
article  shall  be  elected  by  the  qualified  electors  of  the 
state  at  the  time  and  places  of  voting  for  members  of  the 
legislature,  and  the  persons,  respectively,  having  the 
highest  number  of  votes  for  the  office  voted  for  shall  be 
elected ; but  if  two  or  more  shall  have  an  equal  and  the 
highest  number  of  votes  for  any  one  of  said  offices,  the 
two  houses  of  the  legislature  at  its  next  regular  session, 
shall  forthwith,  by  joint  ballot,  elect  one  of  said  persons 
for  said  office.  The  returns  of  election  for  the  officers 
named  in  section  one  shall  be  made  in  such  manner  as 
may  be  prescribed  by  law,  and  all  contested  elections  of 
the  same,  other  than  provided  for  in  this  section,  shall  be 
determined  as  may  be  prescribed  by  law. 

Sec.  3.  No  person  shall  be  eligible  to  the  office  of 
governor  or  lieutenant-governor  unless  he  shall  have  at- 
tained the  age  of  thirty  years  at  the  time  of  his  election ; 
nor  to  the  office  of  secretary  of  state,  state  auditor,  super- 
intendent of  public  instruction,  or  state  treasurer,  unless 
he  shall  have  attained  the  age  of  twenty-five  years ; nor  to 
the  office  of  attorney  general  unless  he  shall  have  at- 
tained the  age  of  thirty  years,  and  have  been  admitted  to 
practice  in  the  supreme  court  of  the  state  or  territory  of 
Idaho,  and  be  in  good  standing  at  the  time  of  his  election. 
In  addition  to  the  qualifications  above  described  in  each 
of  the  officers  named  shall  be  a citizen  of  the  United 
States  and  shall  have  resided  within  the  state  or  terri- 
tory two  years  next  preceeding  his  election. 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


17 


Sec.  4.  The  governor  shall  be  commander-in-cliief  of 
the  military  forces  of  the  state,  except  when  they  shall  be 
called  into  actual  service  of  the  United  States.  He  shall 
have  power  to  call  out  the  militia  to  execute  the  laws,  to 
suppress  insurrection,  or  to  repel  invasion. 

Sec.  5.  The  supreme  executive  power  of  the  state  is 
vested  in  the  governor,  who  shall  see  that  the  laws  are 
faithfully  executed. 

Sec.  6.  The  governor  shall  nominate  and,  by  and 
with  the  consent  of  the  senate,  appoint  all  officers  whose 
offices  are  established  by  this  constitution,  or  which  may 
be  created  by  law  and  whose  appointment  or  election  is 
not  otherwise  provided  for.  If  during  the  recess  of  the 
senate*  a vacancy  occurs  in  any  state  or  district  office,  the 
governor  shall,  appoint  some  fit  person  to  discharge  the 
duties  thereof  until  the  next  meeting  of  the  senate,  when 
he  shall  nominate  some  person  to  fill  such  office.  If  the 
office  of  a justice  of  the  supreme  or  district  court,  secre- 
tary of  state,  state  auditor,  state  treasurer,  attorney  gen- 
eral, or  superintendent  of  public  instruction  shall  be 
vacated  by  death,  resignation  or  otherwise,  it  shall  be  the 
duty  of  the  governor  to  fill  the  same  by  appointment,  and 
the  appointee  shall  hold  his  office  until  his  successor  shall 
be  elected  and  qualified  in  such  manner  as  may  be  pro- 
vided by  law. 

Sec.  7.  The  governor,  secretary  of  state,  and  attor- 
ney general  shall  constitute  a board  to  be  known  as  the 
board  of  pardons.  Said  board,  or  a majority  thereof, 
shall  have  the  power  to  remit  fines  and  forfeitures,  and  to 
grant  commutations  and  pardons  after  conviction  and 
judgment,  either  absolutely  or  upon  such  conditions  as 
they  may  impose,  in  all  cases  of  offenses  against  the  state 
except  treason  or  conviction  on  impeachment.  The 
legislature  shall  by  law  prescribe  the  session  of  said 
board  and  the  manner  in  which  application  shall  be  made 
and  regulate  the  proceedings  thereon;  but  no  fine  or 


18 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


forfeiture*  shall  be  remitted,  and  no  commutation  or  par- 
don granted,  except  by  the  decision  of  a majority  of  said 
board,  after  a full  hearing  in  open  session,  and  until 
previous  notice  of  the  time  and  place  of  such  hearing  and 
the  release  applied  for  shall  have  been  given  by  publica- 
tion in  some  newspaper  of  general  circulation  at  least 
once  a week  for  four  weeks.  The  proceedings  and  decis- 
ion of  the  board  shall  be  reduced  to  writing  and  with 
their  reasons  for  their  action  in  each  case,  and  the  dissent 
of  any  member  who  may  disagree,  signed  by  him,  and 
tiled,  with  all  papers  used  upon  the  hearing,  in  the  office 
of  the  secretary  of  state.. 

The  governor  shall  have  power  to  grant  respites  or 
reprieves  in  all  cases  of  convictions  for  offenses  against 
the  state,  except  treason  or  conviction  on  impeachment, 
but  such  respites  or  reprieves  shall  not  extend  beyond  the 
next  session  of  the  board  of  pardons;  and  such  board 
shall  at  such  session  continue  or  determine  such  reprieve, 
or  they  may  commute  or  pardon  the  offense,  as  herein 
provided.  In  cases  of  conviction  for  treason  the  gover- 
nor shall  have  the  power  to  suspend  the  execution  of  the 
sentence  until  the  case  shall  be  reported  to  the  legislature 
at  its  next  regular  session,  when  the  legislature  shall 
either  pardon  or  commute  the  sentence,  direct  its  execu- 
tion, or  grant  a further  reprieve.  He  shall  communicate 
to  the  legislature,  at  each  regular  session,  each  case  of 
remission  of  fine  or  forfeiture,  reprieve,  commutation  or 
pardon  granted  since  the  last  previous  report,  stating  the 
name  of  the  convict,  the  crime  of  which  he  was  convicted, 
the  sentence  and  its  date,  and  the  date  of  remission,  com- 
mutation, pardon  or  reprieve,  with  the  reasons  for 
granting  the  same,  and  the  objections,  if  any,  of  any 
member  of  the  board  made  thereto. 

Sec.  8.  The  governor  may  require  information  in 
writing  from  the  officers  of  the  executive  department  up- 
on any  subject  relating  to  the  duties  of  their  respective 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


19 


offices,  which  information  shall  he  given  upon  oath  when- 
ever so  required;  he  may  also  require  information  in 
writing  at  any  time,  under  oath,  from  all  officers  and 
managers  of  state  institutions,  upon  any  subject  relating 
to  the  condition,  management  and  expenses  of  their  re- 
spective offices  and  institutions,  and  may.  at  any  time  he 
deems  it  necessary,  appoint  a committee  to  investigate 
and  report  to  him  upon  the  condition  of  any  executive 
office  or  state  institution.  The  governor  shall  at  the 
commencement  of  each  session  and  from  time  to  time,  by 
message,  give  to  the  legislature  information  of  the  condi- 
tion of  the  state,  and  shall  recommend  such  measures  as 
he  shall  deem  expedient.  He  shall  also  send  to  the  legis- 
lature a statement,  with  vouchers,  of  the  expeditures  of 
all  moneys  belonging  to  the  state  and  paid  out  by  him. 
He  shall  also,  at  the  commencement  of  each  session,  pre- 
sent estimates  of  the  amount  of  money  required  to  be 
raised  by  taxation  for  all  purposes  of  the  state. 

Sec.  9.  The  governor  may,  on  extraordinary  oc- 
casions, convene  the  legislature  by  proclamation,  stating 
the  purposes  for  which  he  has  convened  it;  but  when  so 
convened  it  shall  have  no  power  to  legislate  on  any  sub- 
jects other  than  those  specified  in  the  proclamation;  but 
may  provide  for  the  expenses  of  the  session  and  other 
matters  incidental  thereto.  He  may  also,  by  proclama- 
tion, convene  the  senate  in  extraordinary  session  for  the 
transaction  of  executive  business. 

Sec.  10.  Every  bill  passed  by  the  legislature  shall, 
before  it  becomes  a law,  be  presented  to  the  governor. 
If  he  approve  he  shall  sign  it,  and  thereupon  it  shall  be- 
come a law;  but  if  he  do  not  approve,  he  shall  return  it 
with  his  objections  to  the  house  in  which  it  originated, 
which  house  shall  enter  the  objections  at  large  upon  its 
journals  and  proceed  to  reconsider  the  bill.  If  then  two- 
thirds  of  the  members  present  agree  to  pass  the  same  it 
shall  be  sent,  together  with  the  objections,  to  the  other 
house,  by  which  it  be  separately  reconsidered,  and  each 


20 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


item  shall  then  take  two-tliirds  of  the  members  present  in 
that  house,  it  shall  become  a law,  notwithstanding 
the  objections  of  the  governor.  In  all  such  cases  the  vote 
of  each  house  shall  be  determined  by. yeas  and  nays,  to 
be  entered  on  the  journal.  Any  bill  which  shall  not  be 
returned  by  the  governor  to  the  legislature  within  five 
days  (Sundays  excepted)  after  it  shall  have  been  pre- 
sented to  him,  shall  become  a law  in  like  manner,  as  if  he 
had  sigend  it,  unless  the  legislature  shall  by  adjourn- 
ment, prevent  its  return,  in  which  case  it  shall  be  filed, 
with  his  objections,  in  the  office  of  the  secretary  of  state 
within  ten  days  after  such  adjournment  (Sundays  ex- 
cepted) or  become  a law. 

Sec.  11.  The  governor  shall  have  power  to  disap- 
prove of  any  item  or  items  of  any  bill  making  appropria- 
tions of 'money  embracing  distinct  items,  and  the  part  or 
parts  approved  shall  become  a law  and  the  item  or  items 
disapproved  shall  be  void  unless  enacted  in  the  manner 
following : If  the  legislature  be  in  session,  he  shall  with- 

in five  days  transmit  to  the  house  within  which  the  bill 
originated,  a copy  of  the  item  or  items  thereof  disap- 
proved, together  with  his  objections  thereto,  and  the 
items  objected  to  shall  be  separately  reconsidered,  and 
each  item  shall  then  take  the  same  course  as  is  prescribed 
for  the  passage  of  bills  over  the  c ecutive  veto. 

Sec.  12.  In  case  of  the  failure  to  qualify  the  im- 
peachment, or  conviction  of  treason,  felony,  or  other  in- 
famous crime  of  t he  governor,  or  his  death,  removal  from 
office,  resignation,  absence  from  the  state,  or  inability  to 
discharge  the  powers  and  duties  of  his  office-,  the  powers, 
duties  and  emoluments  of  the  office  for  the  residue  of  the 
term,  or  until  the  disability  shall  cease,  shall  devolve  up- 
on the  lieutenant-governor. 

Sec,,  13.  TIiq  lieutenant-governor  shall  be  president 
of  the  senate,  but  shall  vote  only  when  the  senate  is 
equally  divided.  In  case  of  the  absence  of  disqualifica- 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


21 


tion  of  the  lieutenant-governor  from  any  cause  which  ap- 
plies to  the  governor,  or  when  he  shall  hold  the  office  of 
governor,  then  the  president  pro  tempore  of  the  senate 
shall  preform  the  duties  of  the  lieutenant-governor  until 
the  vacancy  is  filled  or  the  disability  removed. 

Sec.  14.  In  case  of  the  failure  to  qualify  in  his  office, 
death,  resignation,  absence  from  the  state,  impeachment, 
conviction  of  treason,  felony  or  other  infamous  crime,  or 
disqualification  from  any  cause,  of  both  governor  and 
lieutenant-governor,  the  duties  of  the  governor  shall  de- 
volve upon  the  president  of  the  senate  pro  tempore,  until 
such  disqualification  of  either  the  governor  or  lieutenant- 
governor  be  removed,  or  the  vacancy  filled ; and  if  the 
president  of  the  senate,  for  any  of  the  above  named 
causes,  shall  become  incapable  of  performing  the  duties 
of  governor,  the  same  shall  devolve  upon  the  speaker  of 
the  house. 

Sec.  15.  There  shall  be  a seal  of  this  state,  which 
shall  be  kept  by  the  secretary  of  state  and  used  by  him 
officially,  and  shall  be  called  ‘ ‘ The  great  seal  of  the  state 
of  Idaho/ ’ The  seal  of  the  territory  of  Idaho,  as  now 
used,  shall  be  the  seal  of  the  state  until  otherwise  pro- 
vided by  law. 

Sec.  16.  All  grants  and  permissions  shall  be  in  the 
name  and  by  the  authority  of  the  state  of  Idaho,  sealed 
with  the  great  seal  of  the  state,  signed  by  the  governor, 
and  countersigned  by  the  secretary  of  state. 

Sec.  17.  An  account  shall  be  kept  by  the  officers  of 

the  executive  department  and  of,  all  public  institutions  of 
the  state,  of  all  moneys  received  by  them  severally,  from 
all  sources,  and  for  every  service  performed,  and  of  all 
moneys  disbursed  by  them  severally,  and  a semi-annual 
report  thereof  shall  be  made  to  the  governor,  under  oath ; 
they  shall  also,  at  least  twenty  days  preceeding  each 
regular  session,  of  the  legislature,  make  full  and  com- 


22 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


plete  reports  of  their  official  transactions  to  the  governor, 
who  shall  transmit  the  same  to  the  legislature. 

Sec.  18.  The  governor,  secretary  of  state,  and  at- 
torney general  shall  constitute  a board  of  state  prison 
commissioners,  which  board  shall  have  such  supervision 
of  all  matters  connected  with  the  state  prison  as  may  be 
prescribed  by  law.  They  shall  also  constitute  a board  of 
examiners,  with  power  to  examine  all  claims  against  the 
state,  except  salaries  or  compensations  of  officers  fixed  by 
law,  and  perform  such  other  duties  as  may  be  prescribed 
by  law.  And  no  claim  against  the  state,  except  salaries 
and  compensation  of  officers  fixed  by  law,  shall  be  passed 
upon  by  the  legislature  without  first  having  been  con- 
sidered and  acted  upon  by  said  board. 

Sec.  19.  The  governor,  secretary  of  state,  state  au- 
ditor, state  treasurer,  attorney  general,  and  superinten- 
dent of  public  instruction  shall  quarterly,  as  due,  during 
their  continuance  in  office,  receive  for  their  services  com- 
pensation, which  for  the  term  next  ensuing  after  the 
adoption  of  this  constitution,  is  fixed  as  follows : Gover- 

nor, three  thousand  dollars  per  annum ; secretary  of 
state,  one  thousand  eight  hundred  dollars  per  annum; 
state  auditor,  one  thousand  eight  hundred  dollars 
per  annum ; state  treasurer,  one  thousand  dollars 
per  annum ; attorney  general,  two  thousand  dol- 
lars per  annum ; and  superintendent  of  public 
instruction,  one  thousand  five  hundred  dollars 
per  annum.  The  lieutenant-governor  shall  receive 
the  same  per  diem  as  may  be  provided  by  law  for 
the  speaker  of  the  house  of  representatives,  to  be  allowed 
only  during  the  session  of  the  legislature.  The  com- 
pensations enumerated  shall  be  in  full  for  all  services  by 
said  officers  respectively,  rendered  in  any  official  capacity 
or  employment  whatever  during  their  respective  terms  of 
office. 

No  officer  named  in  this  section  shall  receive  for  the 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


23 


performance  of  any  official  duty  any  fee  for  his  own  use, 
but  all  fees  fixed  by  law  for  the  performance  by  either  of 
them  of  any  official  duty  shall  be  collected  in  advance  and 
deposited  with  the  state  treasurer  quarterly  to  the  credit 
of  the  state.  The  legislature  may,  by  law, 
diminish  or  increase  the  compensation  of  any  or  all  of  the 
officers  named  in  this  section,  but  no  such  diminution  or 
increase  shall  affect  the  salaries  of  the  officers  then  in 
office  during  their  term:  Provided , however,  The  legis- 

lature may  provide  for  the  payment  of  actual  and  neces- 
sary expenses  to  the  governor,  lieutenant-governor,  sec- 
retary of  state,  attorney  general,  and  superintendent  of 
public  instruction,  while  traveling  within  the  state  in  the 
performance  of  official  duty. 

ARTICLE  V. 

JUDICIAL  DEPAKTMENT. 

Section  1.  The  distinctions  between  actions  at-  law 
and  suits  in  equity,  and  the  forms  of  all  such  actions  and 
suits,  are  hereby  prohibited;  and  there  shall  be  in  this 
state  but  one  form  of  action  for  the  enforcement  or  pro- 
tection of  private  rights  or  the  redress  of  private  wrongs, 
which  shall  be  denominated  a civil  action;  and  every 
action  prosecuted  by  the  people  of  the  state  as  a party 
against  a person  charged  with  a public  offense  for  the 
punishment  of  the  same,  shall  be  termed  a criminal 
action. 

Feigned  issues  are  prohibited,  and  the  fact  at  issue 
shall  be  tried  by  order  of  court  before  a jury. 

Sec.  2.  The  judicial  power  of  the  state  shall  be 
vested  in  a court  for  the  trial  of  impeachments,  a su- 
preme court,  district  courts,  probate  courts,  courts  of 
justices  of  the  peace,  and  such  other  courts  inferior  to  the 
supreme  court  as  may  be  established  by  law  for  any  in- 
corporated city  or  town. 

Sec.  3.  The  court  for  the  trial  of  impeachments 


24 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


shall  be  the  senate.  A majority  of  the  members  elected 
shall  be  necessary  to  a quorum,  and  the  judgment  shall 
not  extend  beyond  removal  from,  and  disqualification  to 
hold  office  in  this  state;  but  the  party  shall  be  liable  to 
indictment  and  punishment  according  to  law. 

Sec.  4.  The  house  of  representatives  solely  shall 
have  the  power  of  impeachment.  No  person  shall  be  con- 
victed without  the  concurrence  of  two-tliirds  of  the  sena- 
tors elected.  When  the  governor  is  impeached  the  chief 
justice  shall  preside. 

Sec.  5.  Treason  against  the  state  shall  consist  only 
in  levying  war  against  it,  or  adhering  to  its  enemies,  giv- 
ing them  aid  and  comfort.  No  person  shall  be  convicted 
of  treason  unless  on  the  testimony  of  two  witnesses  to  the 
same  overt  act,  or  on  confession  in  open  court.  No  con- 
viction of  treason  or  attainder  shall  work  corruption  of 
blood  or  forfeiture  of  estate. 

Sec.  6.  The  supreme  court  shall  consist  of  three  jus- 
tices, a majority  of  whom  shall  be  necessary  to  make  a 
quorum  or  pronounce  a decision.  The  justices  of  the 
supreme  court  shall  be  elected  by  the  electors  of  the  state 
at  large.  The  terms  of  office  of  the  justices  of  the 
•supreme  court,  except  as  in  this  article  otherwise  pro- 
vided, shall  be  six  years.  The  justices  of  the  supreme 
court  shall,  immediately  after  their  first  election  under 
this  constitution,  be  selected  by  lot,  so  that  one  shall  hold 
his  office  for  the  term  of  two  years,  one  for  the  term  of 
four  years,  and  one  for  the  term  of  six  years.  The  lots 
shall  be  drawn  by  the  justice  of  the  supreme  court,  who 
shall,  for  that  purpose,  assemble  at  the  seat  of  govern- 
ment, and  they  shall  cause  the  result  thereof  to  be  certi- 
fied to  by  the  secretary  of  state  and  filed  in  his  office. 
The  justice  having  the  shortest  term  to  serve,  not  hold- 
ing his  office  by  appointment  or  election  to  fill  a vacancy, 
shall  be  chief  justice,  and  shall  preside  at  all  terms  of  the 
supreme  court,  and,  in  case  of  his  absence,  the  justice 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


25 


having  in  like  manner  the  next  shortest  term  to  serve 
shall  preside  in  his  stead. 

Sec.  7.  No  justice  of  the  supreme  court  shall  he 
eligible  to  any  other  office  of  trust  or  profit  under  the 
laws  of  this  state  during  the  term  for  which  he  was 
elected. 

Sec.  8.  At  least  four  terms  of  the  supreme  court 
shall  be  held  annually ; two  terms  at  the  seat  of  the  state 
government,  and  two  terms  at  the  city  of  Lewiston,  in 
Nez  Perce  county.  In  case  of  epidemic,  pestilence,  or 
destruction  of  court  houses,  the  justice  may  hold  terms  of 
the  supreme  court  provided  by  this  section  at  other  con- 
venient places,  to  be  fixed  by  a majority  of  said  justices. 
After  six  years  the  legislature  may  alter  the  provisions 
of  this  section. 

Sec.  9.  The  supreme  court  shall  have  jurisdiction  to 
review,  upon  appeal,  any  decision  of  the  district  courts, 
or  the  judges,  thereof.  The  supreme  court  shall  also 
have  original  jurisdiction  to  issue  writs  of  mandamus, 
certiorari,  prohibition,  and  habeas  corpus,  and  all  writs 
necessary  or  proper  to  the  complete  exercise  of  its  appel- 
late jurisdiction. 

Sec.  10.  The  supreme  court  shall  have  original  jur- 
isdiction to  hear  claims  against  the- state,  but  its  decision 
shall  be  merely  recommendatory;  no  process  in  the  na- 
ture of  execution  shall  issue  thereon;  they  shall  be  re- 
ported to  the  next  session  of  the  legislature  for  its  action. 

Sec.  11.  The  state  shall  be  divided  into  five  judicial 
districts,  for  each  of  which  a judge  shall  be  chosen  by  the 
qualified  electors  thereof,  whose  term  of  office  shall  be 
four  years.  And  there  shall  be  held  a district  court  in 
each  county,  at  least  twice  in  each  year,  to  continue  for 
such  time  in  each  county  as  may  be  prescribed  by  law; 
but  the  legislature  may  reduce  or  increase  the  number  of 
districts,  district  judges  and  district  attorneys.  This 


26 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


section  sliall  not  be  construed  to  prevent  the  holding  of 
special  terms  under  such  regulations  as  may  be  provided 
by  law. 

Sec.  12.  Every  judge  of  the  district  court  shall  re- 
side in  the  district  for  which  he  is  elected.  A judge  of 
any  district  court  may  hold  a district  court  in  any  coun- 
ty at  the  request  of  the  judge  of  the  district  court  thereof, 
and  upon  the  request  of  the  governor  it  shall  be  his  duty 
to  do  so ; but  a cause  in  the  district  court  may  be  tried  by 
a judge  pro  tempore,  who  must  be  a member  of  the  bar, 
agreed  upon  in  writing  by  the  parties  litigant,  or  their  at- 
torneys of  record,  and  sworn  to  try  the  cause. 

Sec.  13.  The  legislature  shall  have  no  power  to  de- 
prive the  judicial  department  of  any  power  or  jurisdic- 
tion which  rightly  pertains  to  it  as  a co-ordinate  depart- 
ment of  the  government;  but  the  legislature  shall  provide 
a proper  system  of  appeals,  and  regulate  by  law,  when 
necessary,  the  methods  of  proceeding  in  the  exercise  of 
their  powers  of  all  the  courts  below  the  supreme  court,  so 
far  as  the  same  may  be  done  without  conflict  with  this 
constitution. 

Sec,  14.  The  legislature  may  provide  for  the  estab- 
lishment of  special  courts  for  the  trial  of  misdemeanors 
in  incorporated  cities  and  towns  where  the  same  may  be 
necessary. 

Sec.  15.  The  clerk  of  the  supreme  court  shall  be  ap- 
pointed by  the  court,  and  shall  hold  his  office  during  the 
pleasure  of  the  court.  He  shall  receive  such  compensa- 
tion for  his  services  as  may  be  provided  by  law. 

Sec.  16.  A clerk  of  the  district  court  for  each  county 
shall  be  elected  by  the  qualified  voters  thereof  at  the  time 
and  in  the  manner  prescribed  by  law  for  the  election  of 
members  of  the  legislature,  and  shall  hold  his  office  for 
the  term  of  four  years. 

Sec.  17.  The  salary  of  the  justice  of  the  supreme 


UNIVERSITY  OF  ILLINOIS  LIBRARY 


SEP  2 71919 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 27 

court,  until  otherwise  provided  by  the  legislature,  shall 
be  three  thousand  dollars  each  per  annum,  and  the  salary 
of  the  judges  of  the  district  court,  until  otherwise  pro- 
vided by  the  legislature,  shall  be  three  thousand  dollars 
each  per  annum,  and  no  justice  of  the  supreme  court,  or 
judge  of  the  district  court,  shall  be  paid  his  salary,  or 
any  part  thereof,  unless  he  shall  have  first  taken  and  sub- 
scribed an  oath  that  there  is  not  in  his  hands  any  matter 
in  controversy  not  decided  by  him  which  had  been  finally 
submitted  for  his  consideration  and  determination,  thirty 
days  prior  to  taking  and  subscribing  such  oath. 

Sec.  18.  A district  attorney  shall  be  elected  for  each 
judicial  district  by  the  qualified  electors  thereof,  who 
shall  hold  office  for  tlie  term  of  four  years,  and  perform 
such  duties  as  may  be  prescribed  by  law.  He  shall  be 
a practicing  attorney  at  law  and  a resident  and  elector  of 
the  district.  He  shall  receive  as  compensation  for  his 
services  twenty-five  hundred  dollars  per  annum. 

Sec.  19.  All  vacancies  occurring  in  the  offices  pro- 
vided for  by  this  article  of  the  constitution  shall  be  filled 
as  provided  by  law. 

Sec.  20.  The  district  court  shall  have  original  juris- 
diction in  all  cases,  both  at  law  and  in  equity,  and  such 
appellate  jurisdiction  as  may  be  conferred  by  law. 

Sec.  21.  The  probate  courts  shall  be  courts  of 
record,  and  shall  have  original  jurisdiction  in  all  matters 
of  probate,  settlement  of  estates  of  deceased  persons,  and 
appointment  of  guardians ; also  jurisdiction  to  hear  and 
determine  all  civil  cases  wherein  the  debt  or  damage 
claimed  does  not  exceed  the  sum  of  five  hundred  dollars, 
exclusive  of  interest,  and  concurrent  jurisdiction  with 
justices  of  the  peace  in  criminal  cases. 

Sec.  22.  In  each  county  of  this  state  there  shall  be 
elected  justices  of  the  peace  as  prescribed  by  law.  Jus- 
tices of  the  peace  shall  have  such  jurisdiction  as  may  be 


28 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


conferred  by  law,  but  they  shall  not  have  jurisdiction  of 
any  cause  wherein  the  value  of  property  or  the  amount 
in  controversy  exceeds  the  sum  of  three  hundred  dollars,! 
exclusive  of  interest,  nor  where  the  boundaries  or  title  to 
any  real  property  shall  be  called  in  question. 

Sec.  23.  No  person  shall  be  eligible  to  the  office  of 
district  judge  unless  he  be  learned  in  the  law,  thirty-fflte* 
years  of  age,  and  a citizen  of  the  United  States,  and  shall 
have  resided  in  the  state  or  territory  at  least  two  years 
next  preceeding  his  election,  nor  unless  he  shall  have  been 
at  the  time  of  his  election,  an  elector  in  the  judicial  dis- 
trict for  which  he  is  elected. 

Sec.  24.  Until  otherwise  provided  by  law,  the  judi- 
cial districts  shall  be  five  in  number,  and  constituted  of- 
the  following  counties,  viz:  First  district,  Shoshone  and 
Kootenai;  second  district,  Latah,  Nez  Perce  and  Idaho; 
third  district,  Washington,  Ada,  Boise  and  Owyhee; 
fourth  district,  Cassia,  Elmore,  Logan  and  Alturas ; fifth 
district,  Bear  Lake,  Bingham,  Oneida,  Lemhi  and  Custer. 

Sec.  25.  The  judges  of  the  district  courts  shall,  on  or 
before  the  first  day  of  July  of  each  year,  report  in  writ- 
ing to  the  justices  of  the  supreme  court,  such  defects  or 
omissions  in  the  laws  as  their  knowledge  and  experience 
may  suggest,and  the  justices  of  the  supreme  court  shall, 
on  or  before  the  first  day  of  December  of  each  year,  re- 
port in  writing  to  the  governor,  to  be  by  him  transmitted 
to  the  legislature,  together  with  his  message,  such  de- 
fects and  omissions  in  the  constitution  and  laws  as  they 
may  find  to  exist. 

Sec.  26.  All  laws  relating  to  courts  shall  be  general 
and  of  uniform  operation  throughout  the  state,  and  the 
organized  judicial  powers,  proceedings,  and  practices  of 
all  the  courts  of  the  same  class  or  grade,  so  far  as  regu- 
lated by  law,  and  the  force  and  effect  of  the  proceedings, 
judgments,  and  decrees  of  such  courts,  severally,  shall  be 
uniform. 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


29 


Sec.  27.  The  legislature  may  by  law  diminish  or  in- 
crease the  compensation  of  any  or  all  the  following 
officers,  to-wit : Governor,  lieutenant-governor,  secre- 

tary of  state,  state  auditor,  state  treasurer  attorney 
genera],  superintendent  of  public  instruction, 
commissioner  of  immigration  and  labor,  justices  of 
the  supreme  court,  and  judges  of  the  district  courts  and 
district  attorneys,  but  no  dimunition  or  increase  shall 
effect  the  compensation  of  the  officer  then  in  office  during 
his  term:  Provided , however ■ That  the  legislature  may 

provide  for  the  payment  of  actual  and  necessary  ex- 
penses of  the  governor,  and  the  secretary  of  state,  at- 
torney general,  and  superintendent  of  public  instruction 
incurred  while  in  performance  of  official  duty. 

ARTICLE  VI. 

SUFFEAGE  AND  ELECTIONS. 

Section  1.  All  elections  by  the  people  must  be  by 
ballot.  An  absolutely  secret  ballot  is  hereby  guaranteed, 
and  it  shall  be  the  duty  of  the  legislature  to  enact  such 
laws  as  shall  carry  this  section  into  effect. 

Sec.  2.  Except  as  in  this  article  otherwise  provided, 
every  male  citizen  of  the  United  States,  twenty-one  years 
old,  who  has  actually  resided  in  the  state  or  territory  for 
six  months,  and  in  the  county  where  he  offers  to  vote, 
thirty  days  next  preceding  the  day  of  election,  if  regis- 
tered as  provided  by  law,  is  a qualified  elector ; and  until 
otherwise  provided  by  the  legislature,  women  who  have 
the  qualifications  prescribed  in  this  article,  may  continue 
to  hold  such  school  offices  and  vote  at  such  school  elec- 
tions as  provided  by  the  laws  of  Idaho  territory. 

Sec.  3.  No  person  is  permitted  to  vote,  serve  as  a 
juror,  or  hold  any  civil  office,  who  is  under  guardianship, 
idiotic  or  insane,  or  who  has,  at  any  place,  been  convicted 
of  treason,  felony,  embezzlement  of  the  public  funds, 
bartering  or  selling,  or  offering  to  barter  or  sell  his  vote, 


30 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


or  purchasing  or  offering  to  purchase  the  vote  of  another, 
or  other  infamous  crime,  and  who  has  not  been  restored 
to  the  rights  of  citizenship,  or  who,  at  the  time  of  such 
election,  is  confined  in  prison  on  conviction  of  a criminal 
offense,  or  who  is  a bigamist,  or  polygamist,  or  is  living 
in  what  is  known  as  patriarchal,  plural  or  celestial  mar- 
riage, or  in  violation  of  any  law  of  this  state,  or  of  the 
United  States,  forbidding  any  such  crime ; or  who,  in  any 
manner,  teaches,  advises,  counsels*  aids,  or  encourages 
any  person  to  enter  into  bigamy,  polygamy,  or  such 
patriarchal,  plural,  or  celestial  marriage,  or  to  live  in. 
violation  of  any  such  law,  or  to  commit  any  such  crime ; 
or  who  is  a member  -of  or  contributes  to  the  support,  aid, 
or  encouragement  of  an/  order,  organization,  associa- 
tion, corporation,  or  society,  which  teaches,  advises, 
counsels,  encourages,  or  aids  any  person  to  enter  into 
bigamy,  polygamy,  or  such  patriarchal,  plural  or  celestial 
marriage,  or  which  teaches  or  advises  that  the  laws  of 
this  state  prescribing  rules  of  civil  conduct,  are  not  the 
supreme  law  of  the  state ; nor  shall  Chinese,  or  persons  of 
Mongolian  descent,  not  born  in  the  United  States,  nor 
Indians  not  taxed,  who  have  not  severed  their  tribal  rela- 
tions and  adopted  the  habits  of  civilization,  either  vote, 
serve  as  jurors,  or  hold  any  civil  office. 

Sec.  4.  The  legislature  may  prescribe  qualifications, 
limitations,  and  conditions  for  the  right  of  suffrage  ad- 
ditional to  those  prescribed  in  this  article,  but  shall  never 
annul  any  of  the  provisions  in  this  article  contained. 

Sec.  5.  For  the  purpose  of  voting,  no  person  shall  be 
deemed  to  have  gained  or  lost  a residence  by  reason  of 
his  presence  or  absence  while  employed  in  the  service  of 
this  state,  or  of  the  United  States,  nor  while  engaged  in 
the  navigation  of  the  waters  of  this  state  or  of  the  United 
States,  nor  while  a student  of  any  institution  of  learning, 
nor  while  kept  at  any  alms  house  or  other  asylum  at  the 
public  expense. 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


31 


• ARTICLE  VII. 

FINANCE  AND  REVENUE. 

Section  1.  The  fiscal  year  shall  commence  on  the 
second  Monday  of  January  in  each  year,  unless  otherwise 
provided  by  law. 

Sec.  2.  The  legislature  shall  provide  such  revenue  as 
may  be  needful,  by  levying  a tax  by  valuation,  so  that 
every  oerson  or  corporation  shall  pay  a tax  in  proportion 
to  the  value  of  his,  her,  or  its  property,  except  as  in  this 
article  herein  otherwise  provided.  The  legislature  may 
also  impose  a license  tax  (both  upon  natural  persons  and 
upon  corporations,  other  than  municipal,  doing’  business 
in  this  state) also  a per  capita  tax:  Provided,  The  legis- 
lature may  exempt  a limited  amount  of  improvements  up- 
on land  from  taxation. 

Sec.  3.  The  word  “property”  as  herein  used  shall 
be  defined  and  classified  by  law. 

Sec.  4.  The  property  of  the  United  States,  the  state, 
counties,  towns,  cities  and  other  municipal  corporations 
and  public  libraries  shall  be  exempt  from  taxation. 

Sec.  5.  All  taxes  shall  be  uniform  upon  the  same 
class  of  subjects  within  the  territorial  limits,  of  the  au- 
thority levying  the  tax,  and  shall  be  levied  and  collected 
under  general  laws,  which  shall  prescribe  such  regula- 
tions as  shall  secure  a just  valuation  for  taxation  of  all 
property,  real  and  personal : Provided,  That  the  legisla- 

true  may  allow  such  exemptions  from  time  to  time  as 
shall  seem  necessary  and  just,  and  all  existing  exemp- 
tions provided  by  the  laws  of  the  territory,  shall  continue 
until  changed  by  the  legislature  of  the  state:  Provided, 

f urther,  That  duplicate  taxation  of  property  for  the  same 
purpose  during  the  same  year,  is  hereby  prohibited. 

Sec.  6.  The  legislature  shall  not  impose  taxes  for 
the  purpose  of  any  county,  city,  town  or  other  municipal 
corporation,  but  may  by  law  invest  in  the  corporate 


32 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


authorities  thereof,  respectively,  the  power  to  assess  and 
collect  taxes  fo.r  all  purposes  of  such  corporation. 

Sec.  7.  All  taxes  levied  for  state  purposes  shall  be 
paid  into  the  state  treasury,  and  no  county,  city,  town,  or 
other  municipal  corporation,  the  inhabitants  thereof,  nor 
the  property  therein,  shall  be  released  or  discharged 
from  their  or  its  proportionate  share  of  taxes  to  be  levied 
for  state  purposes. 

Sec.  8.  The  power  to  tax  corporations  or  corporate 
property,  both  real  and  personal,  shall  never  be  relin- 
quished or  suspended,  and  all  corporations  in  this  state 
or  doing  business  therein,  shall  be  subject  to  taxation  for 
state,  county,  school,  municipal,  and  other  purposes,  on 
real  and  personal  property  owned  or  used  by  them,  and 
not  by  this  constitution  exempted  from  taxation  within 
the  territorial  limits  of  the  authority  levying  the  tax. 

Sec.  9.  The  rate  of  taxation  of  real  and  personal 
property  for  state  purposes  shall  never  exceed  ten  (10) 
mills  on  each  dollar  of  assessed  valuation ; and  if  the  tax- 
able property  in  the  state  shall  amount  to  fifty  million 
(50,000,000)  dollars  the  rate  shall  not  exceed  five  (5) 
mills  on  each  dollar  of  valuation ; and  whenever  the  tax- 
able property  in  the  state  shall  amount  to  one  hundred 
million  (100,000,000)  dollars,  the  rate  shall  not  exceed 
three  (3)  mills  on  each  dollar  of  valuation;  and  whenever 
the  taxable  property  of  the  state  shall  amount  to  three 
hundred  million  (300,000,000)  dollars  the  rate  shall  never 
thereafter  exceed  one  and  one-half  (1%)  mills  on  each 
dollar  of  valuation,  unless  a proposition  to  increase  such 
rate,  specifying  the  rate  proposed  and  the  time  during 
which  the  same  shall  be  levied,  shall  have  been  submitted 
to  the  people  at  a general  election,  and  shall  have  re- 
ceived a majority  of  all  the  votes  cast  for  and  against  it 
at  such  election. 

Sec.  10.  The  making  of  profit,  directly  or  indirectly, 
out  of  state,  county,  city,  town,  township,  or  school  dis- 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


33 


triet  money,  or  using  the  same  for  any  purpose  not  au- 
thorized by  law,  by  any  public  officer,  shall  be  deemed  a 
felony,  and  shall  be  punished  as  provided  by  law. 

Sec,  11.  No  appropriation  shall  be  made,  nor  any 
expenditure  authorized  for  by  the  legislature,  whereby 
the  expenditure  of  the  state  during  any  fiscal  year  shall 
exceed  the  total  tax  then  provided  by  law,  and  applicable 
to 'such  appropriation  or  expenditure,  unless  the  legisla- 
ture making  such  appropriation  shall  provide  for  levying 
a sufficient  tax,  not  exceeding  the  rates  allowed  in  section 
nine  (9)  of  this  article,  to  pay  such  appropriation  or  ex- 
penditure within  such  fiscal  year.  This  provision  shall 
not  apply  to  appropriations  or  expenditures  to  suppress 
insurrection,  defend  the  state,  or  assist  in  defending  the 
United  States  in  time  of  war. 

Sec.  12.  There  shall  be  a state  board  of  equalization, 
consisting  of  the  governor,  secretary  of  state,  attorney 
general,  state  auditor,  and  state  treasurer,  whose  duties 
shall  be  prescribed  by  law.  The  board  of  county  com- 
missioners for  the  several  counties  of  the  state,  shall  con- 
stitute boards  of  equalization  for  their  respective  coun- 
ties, whose  duties  it  shall  be  to  equalize  the  valuation  of 
the  taxable  property  in  the  county,  under  such  rules  and 
regulations  as  shall  be  prescribed  by  law. 

Sec.  13.  No  money  shall  be  drawn  from  the  treas- 
ury, but  in  pursuance  of  appropriations  made  by  law. 

Sec.  14.  No  money  shall  be  drawn  from  the  county 
treasuries  except  upon  the  warrant  of  a duly  authorized 
officer,  in  such  manner  and  form  as  shall  be  prescribed  by 
the  legislature. 

Sec.  15.  The  legislature  shall  provide  by  law,  such  a 
system  of  county  finance,  as  shall  cause  the  business  of 
the  several  counties  to  be  conducted  on  a cash  basis.  It 
shall  also  provide  that  whenever  any  county  shall  have 
any  warrants  outstanding  and  unpaid,  for  the  payment 


34 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


of  which  there  are  no  funds  in  the  county  treasury,  the 
county  commissioners,  in  addition  to  other  taxes  pro- 
vided by  law,  shall  levy  a special  tax,  not  to  exceed  ten 
(10)  mills  on  the  dollar,  of  taxable  property,  as  shown 
by  the  last  preceding  assessment,  for  the  creation  of  a 
special  fund  for  the  redemption  of  said  warrants;  and 
after  the  levy  of  such  special  tax,  all  warrants  issued  be- 
fore such  levy,  shall  be  paid  exclusively  out  of  said  fund. 
All  moneys  in  the  county  treasury  at  the  end  of  each 
fiscal  year,  not  needed  . for  current  expenses,  shall  bo 
transferred  to  said  redemption  fund. 

Sec.  16.  The  legislature  shall  pass  all  laws  neces- 
sary  to  carry  out  the  provisions  of  this  article. 

ARTICLE  VIII. 

PUBLIC  INDEBTEDNESS  AND  SUBSIDIES. 

Section  1.  The  legislature  shall  not  in  any  manner 
create  any  debt  or  debts,  liability  or  liabilities,  which 
shall  singly  or  in  the  aggregate,  exclusive  of  the  debt  of 
the  territory  at  the  date  of  its  admission  as  a state,  ex- 
ceed the  sum  of  one  and  one-half  per  centum  upon  the 
assessed  value  of  the  taxable  property  in  the  state,  ex- 
cept in  case  of  war  to  repel  an  invasion  or  suppress  in- 
surrection, unless  the  same  shall  be  authorized  by  law  for 
some  single  object  or  work  to  be  distinctly  specified 
therein,  which  law  shall  provide  ways  and  means,  exclu- 
sive of  loans,  for  the  payment  of  the  interest  of  such  debt 
or  liability,  as  it  falls  due;  and  also  for  the  payment  and 
discharge  of  the  principal  of  such  debt  or  liability,  within 
twenty  years  of  the  time  of  the  contracting  thereof,  and 
shall  be  irrepealable  until  the  principal  and  interest 
thereon  shall  be  paid  and  discharged;  but  no  such  law 
shall  take  effect  until  at  a general  election  it  shall  have 
been  submitted  to  the  people,  and  shall  have  received  a 
majority  of  all  the  votes  cast  for  and  against  it  at  such 
election;  apd  all  moneys  raised  by  the  authority  of  such 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


law,  shall  be  applied  only  to  the  specified  object  therein 
stated,  or  to  the  payment  of  the  debt  thereby  created,  and 
such  law  shall  be  published  in  at  least  one  newspaper  in 
each  county,  or  city  and  county,  if  one  be  published  there- 
in, throughout  the  state,  for  three  months  next  preceding 
the  election  at  which  it  is  submitted  to  the  people.  The 
legislature  may,  at  any  time  after  the  approval  of  such 
law,  by  the  people,  if  no  debt  shall  have  been  contracted 
in  the  pursuance  thereof,  repeal  the  same. 

Sec.  2.  The  credit  of  the  state  shall  not,  in  any  man- 
ner, be  given,  or  loaned  to,  or  in  aid  of  any  individual, 
association,  municipality  or  corporation;  nor  shall  the 
state  directly  or  indirectly,  become  a stockholder  in  any 
association  or  corporation. 

Sec.  3.  Xo  county,  city,  town,  township,  board  of 
education,  or  school  district,  or  other  subdivision  of  the 
state,  shall  incur  any  indebtedness,  or  liability  in  any 
manner,  or  for  any  purpose,  exceeding  in  that  year,  the 
income  and  revenue  provided  for  it  for  such  year,  with- 
out the  assent  of  two-thirds  of  the  qualified  electors 
thereof,  voting  at  an  election  to  be  held  for  that  purpose, 
nor  unless  before  or  at  the  time  of  incurring  such  indebt- 
edness provision  shall  be  made  for  the  collection  of  an 
annual  tax  sufficient  to  pay  the  interest  on  such  indebted- 
ness as  it  falls  due,  and  also  to  constitute  a sinking  fund 
for  the  payment  of  the  principal  thereof,  within  twenty 
years  from  the  time  of  contracting  the  same.  Any  in- 
debtedness or  liability  incurred  contrary  to  this  provis- 
ion shall  be  void : Provided , That  this  section  shall  not 

be  construed  to  apply  to  the  ordinary  and  necessary  ex- 
penses authorized  by  the  general  laws  of  the  state. 

Sec.  4.  Xo  county,  city,  town,  township,  board  of 
education,  or  school  district,  or  other  subdivision,  shall 
lend,  or  pledge  the  credit  or  faith  thereof  directly  or  in- 
directly, in  any  manner,  to,  or  in  aid  of  any  individual, 
association  or  incorporation,  for  any  amount  or  for  any 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


86 

purpose  whatever,  or  become  responsible  for  any  debt, 
contract  or  liability  of  any  individual,  association  or  cor- 
poration in  or  out  of  this  state. 

ARTICLE  IX. 

EDUCATION  AND  SCHOOL  LANDS. 

Section  1.  The  stability  of  a republican  form  of  gov- 
ernment depending  mainly  upon  the  intelligence  of  the 
people,  it  shall  be  the  duty  of  the  legislature  of  Idaho,  to 
establish  and  maintain  a general,  uniform  and  thorough 
system  of  public,  free  common  schools. 

Sec.  2.  The  general  supervision  of  the  public  schools 
of  the  state  shall  be  vested  in  a board  of  education,  whose 
powers  and  duties  shall  be  prescribed  by  law;  the  super- 
intendent of  public  instruction,  the  secretary  of  state  and 
attorne}^  general,  shall  constitute  the  board,  of  which  the 
superintendent  of  public  instruction  shall  be  president. 

Sec.  3.  The  public  school  fund  of  the  state  shall  for- 
ever remain  inviolate  and  intact;  the  interest  thereon  on- 
ly shall  be  expended  in  the  maintenance  of  the  schools  of 
the  state,  and  shall  be  distributed  among  the  several 
counties  and  school  districts  of  the  state  in  such  manner 
as  many  be  prescribed  by  law.  No  part  of  this  fund,  prin- 
cipal and  interest,  shall  ever  be  transferred  to  any  other 
fund,  or  used  or  appropriated  except  as  herein  provided. 
The  state  treasurer  shall  be  the  custodian  of  this  fund, 
and  the  same  shall  be  securely  and  profitably  invested  as 
may  be  by  law  directed.  The  state  shall  supply  all  losses 
thereof  that  may  in  any  manner  occur. 

Sec.  4.  The  public  school  fund  of  the  state  shall  con- 
sist of  the  proceeds  of  such  lands  as  have  hereto- 
fore been  granted  or  may  hereafter  be  granted 
to  the  state  by  the  general  government,  known 
as.  school  lands,  and  those  granted  in  lieu  of  such;  lands 
acquired  by  gift  or  grant  from  any  person  or  corpora- 


CONSTITUTION  OF  THE  STATE  OF  IDAHO  37 

tion,  under  any  law  or  grant  of  the  general  government, 
and  of  all  other  grants  of  land  or  money  made  to  the 
state  from  the  general  government  for  general  educa- 
tional purposes,  or  where  no  other  special  purpose  is  in- 
dicated in  such  grant;  all  estates  or  distributive  shares  of 
estates  that  may  escheat  to  the  state;  all  unclaimed 
shares  and  dividends  of  any  corporation  incorporated 
under  the  laws  of  the  state;  and  all  other  grants,  gifts, 
devises,  or  bequests  made  to  the  state  for  general  educa- 
tional purposes. 

Sec.  5.  Neither  the  legislature,  nor  any  county,  city, 
town,  township,  school  district,  or.  other  public  corpora- 
tion, shall  ever  make  any  appropriation,  or  pay  from  any 
public  fund,  or  moneys  whatever,  anything  in  the  aid  of 
•any  church  or  sectarian,  or  religious  society,  or  for  any 
sectarian  or  religious  purpose,  or  to  help  support  or  sus- 
tain any  school,  academy,  seminary,  college,  university  or 
other  literary  or  scientific  institution,  controlled  by  any 
church  or  sectarian  or  religious  denomination  whatso- 
ever; nor  shall  any  grant  or  donation  of  land,  money  or 
other  personal  property  ever  be  made  by  the  state,  or  any 
such  public'  Corporation,  to  any  church  cr  for  any  sectar- 
ian or  religious  purpose. 

Sec.  6.  No  religious  test  or  qualification  shall  ever 
be  required  of  any  person  as  a condition  of  admission  in- 
to any  public  educational  institution  of  the  state,  either 
as  a teacher  or  student ; and  no  teacher  or  student  of  any 
such  institution  shall  ever  be  required  to  attend  or  parti- 
cipate in  any  religious  service  whatever.  No  sectarian 
or  religious  tenets  or  doctrines  shall  ever  be  taught  in  the 
public  schools,  nor  shall  any  distinction  or  classification 
of  pupils  be  made  on  account  of  race  or  color.  No  books, 
papers,  tracts  or  documents  of  a political,  sectarian  or 
denominational  character  shall  be  used  or  introduced  in 
any  schools  established  under  the  provisions  of  this 
article,  nor  shall  any  teacher  or  any  district  receive  any 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


38 

of  the  public  school  moneys  in  which  the  schools  have  not 
been  taught  in  accordance  with  the  provisions  of  this 
article. 


Sec.  7.  The  governor,  superintendent  of  public  in- 
struction, secretary  of  state  and  attorney  general  shall 
constitute  the  state  board  of  land  commissioners,  who 
shall  have  the  direction,  control  and  disposition  of  the 
public  lands  of  the  state,  under  such  regulations  as  may 
be  prescribed  by  law. 

Sec.  8.  It  shall  be  the  duty  of  the  state  board  of  laud 
commissioners  to  provide  for  the  location,  protection, 
sale  or  rental  of  all  the  lands  heretofore,  or  which  may 
hereafter  be  granted  to  the  state  by  the  general  govern- 
ment, under  such  regulations  as  may  be  prescribed  by 
law,  and  in  such  manner  as  will  secure  the  maximum 
possible  amount  therefor:  Provided , That  no  school 

lands  shall  be  sold  for  less  than  ten  (10)  dollars  per  acre. 
Xo  law  shall  ever  be  passed  by  the  legislature  granting 
any  privileges  to  persons  who  may  have  settled  upon  any 
such  public  lands,  subsequent  to  the  survey  thereof  by  the 
general  government,  by  which  the  amount  to  be  derived 
by  the  sale,  or  other  disposition  of  such  lands,  shall  be 
diminished,  directly  or  indirectly.  The  legislature  shall, 
at  the  earliest  practicable  period,  provide  by  law  that  the 
general  grants  of  land  made  by  congress  to  the  state  shall 
be  judiciously  located  and  carefully  preserved  and  held 
in  trust,  subject  to  disposal  at  public  auction  for  the  use 
and  benefit  of  the  respective  objects  for  which  said 
grants  of  lands  were  made,  and  the  legislature  shall  pro- 
vide for  the  sale  of  said  lands  from  time  to  time  and  for 
the  sale  of  timber  on  all  state  lands  and  for  the  faithful 
application  of  the  proceeds  thereof  in  accordance  with 
the  terms  of  said  grants:  Provided , That  not  to  exceed 
twenty-five  sections  of  school  lands  shall  be  sold  in  anv 
one  year,  and  to  be  sold  in  subdivisions  of  not  to  exceed 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


39  ( 

one  hundred  and  sixty  (160)  acres  to  any  one  individual, 
company  or  corporation. 

Sec.  9.  The  legislature  may  require  by  law  that 
every  child  of  sufficient  mental  and  physical  ability  shall 
attend  the  public  school  throughout  the  period  between 
the  ages  of  six  and  eighteen  years,  for  a time  equivalent 
to  three  years,  unless  educated  by  other  means. 

Sec.  10.  The  location  of  the  University  of  Idaho,  as 
established  by  existing  laws,  is  hereby  confirmed.  All  the 
rights,  immunities,  'franchises,  and  endowments  hereto- 
fore granted  thereto  by  the  territory  of  Idaho  are  hereby 
perpetuate  unto  the  said  university.  The  regents  shall 
have  the  general  supervision  of  the  university,  and  the 
control  and  direction  of  all  the  funds  of,  and  appropria- 
tions to  the  university,  under  such  regulations  as  may  be 
prescribed  by  law.  No  university  lands  shall  be  sold  for 
less  than  ten  dollars  per  acre,  and  in  subdivisions  not  to 
exceed  one  hundred  and  sixty  acres,  to  any  one  person, 
company  or  corporation. 

Sec.  11.  The  permanent  educational  funds,  other 
than  funds  arising  from  the  disposition  of  university 
lands  belonging  to  the  state,  shall  be  loaned  on  first  mort- 
gage on  improved  farm  lands  within  the  state,  or  on  state 
or  United  States  bonds,  under  such  regulations  as  the 
legislature  may  provide:  Provided,  That  no  loan  shall 

be  made  of  any  amount  of  money  exceeding  one-tliird  of 
the  market  value  of  the  lands  at  the  time  of  the  loan,  ex- 
clusive of  buildings. 

ARTICLE  X. 

PUBLIC  INSTITUTIONS. 

Section  1.  Educational,  reformatory  and  penal  in- 
stitutions, and  those  for  the  benefit  of  the  insane,  blind, 
deaf  and  dumb,  and  such  other  institutions  as  the  public 
good  may  require,  shall  be  established  and  supported  by 
the  state  in  such  manner  as  may  be  prescribed  by  law. 


40 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


Seo.  2.  The  seat  of  government  of  the  state  of  Idaho 
shall  lie  located  at  Boise  City  for  twenty  years  from  the 
admission  of  the  state,  after  which  time  the  legislature 
may  provide  for  its  re-location,  by  submitting  the  ques- 
tion to  a vote  of  the  electors  of  the  state  at  some  general 
election. 

Sec.  3.  The  legislature  may  submit  the  question  of 
the  location  of  the  seat  of  government  to  the  qualified 
voters  of  the  state  at  the  general  election,  then  next  en- 
suing, and  a majority  of  all  the  votes  upon  said  question 
cast  at  said  election  shall  be  necessary  to  determine  the 
location  thereof.  Said  legislature  shall  also  provide  that 
in  case  there  shall  be  no  choice  of  location  at  said  elec- 
tion, the  question  of  choice  between  the  two  places  for 
which  the  highest  number  of  votes  shall  have  been  cast 
shall  be  submitted  in  like  manner  to  the  qualified  electors 
of  the  state  at  the  next  general  election. 

Sec.  4.  All  property  and  institutions  of  the  terrb 
tory,  shall  upon  adoption  of  the  constitution,  become  the 
property  and  institutions  of  the  state  of  Idaho. 

Sec.  5.  The  governor,  secretary  of  state  and  attor- 
ney general  shall  constitute  a board  to  be  known  as  the 
state  prison  commissioners,  and  shall  have  control,  direc- 
tion and  management  of  the  penitentiaries  of  the  state. 
The  governor  shall  be  chairman,  and  the  board  shall  ap- 
point a warden,  who  may  be  removed  at  pleasure.  The 
warden  shall  have  the  power  to  appoint  his  subordinates, 
subject  to  the  approval  of  the  said  board. 

Sec.  6.  There  shall  be  appointed  by  the  governor 
three  directors  of  the  asylum  for  the  insane,  who  shall  be 
confirmed  by  the.  senate.  They  shall  have  the  control, 
direction  and  management  of  the  said  asylums,  under 
such  regulations  as  the  legislature  shall  provide,  and  hold 
their  offices  for  a period  of  two  years.  The  directors 
shall  have  the  appointment  of  the  medical  superintend- 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


41 


ent,  who  shall  appoint  the  assistants  with  the  approval  of 
the  directors. 

Sec.  7.  The  legislature  for  sanitary  reasons  may 
cause  the  removal  to  more  suitable  localities  of  any  of  the 
institutions  mentioned  in  section  one  of  this  article. 

ARTICLE  XI. 

CORPORATIONS,  PUBLIC  AND  PRIVATE. 

' Section  1.  All  existing  charters  or  grants  of  special 
or  exclusive  privileges,  under  which  the  corporations  or 
grantees  shall  not  have  organized  or  commenced  business 
in  good  faith  at  the  time  of  the  adoption  of  this  constitu- 
tion, shall  thereafter  have  no  validity. 

Sec.  2.  No  charter  of  incorporation  shall  be  granted, 
extended,  changed  or  amended  by  special  law,  except  for 
such  municipal,  charitable,  educational,  penal  or  reform- 
atory corporations  as  are  or  may  be,  under  the  control  of 
the  state ; but  the  legislature  shall  provide  by  general  law 
for  the  organization  of  corporations  hereafter  to  be 
created:  Provided , That  any  such  general  law  shall  be 

subject  to  future  repeal  or  alteration  by  the  legislature. 

Sec.  3.  The  legislature  may  provide  by  law  for  alter- 
ing, revoking,  or  annulling  any  charter  of  incorporation 
existing  and  revokable  at  the  time  of  the  adoption  of  this 
constitution,  in  such  manner,  however,  that  no  injustice 
shall  be  done  to  the  incorporators. 

Sec.  4.  The  legislature  shall  provide  by  law  that  in 
all  elections  for  directors  or  managers  of  incorporated 
companies,  every  stockholder  shall  have  the  right  to  vote 
in  person,  or  by  proxy,  for  the  number  of  shares  of  stock 
owned  by  him,  for  as  many  persons  as  there  are  directors 
or  managers  to  be  elected,  or  to  cumulate  said  shares, 
and  give  one  candidate  as  many  votes  as  the  numbers  of 
directors  multiplied  by  the  number  of  his  shares  of  stock, 
shall  equal,  or  to  distribute  them  on  the  same  principle 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


4l> 

among  as  many  candidates  as  lie  shall  think  fit,  and  such 
directors  shall  not  be  elected  in  any  other  manner. 

Sec.  5.  All  railroads  shall  be  public  highways,  and 
all  railroad,  transportation,  and  express  companies  shall 
be  common  carriers,  and  subject  to  legislative  control, 
and  the  legislature  shall  have  the  power  to  regulate  and 
control  by  law,  the  rate  of  charges  for  the  transportation 
of  passengers  and  freight  by  such  companies  or  other 
common  carriers  from  one  point  to  another  in  the  state. 
Any  association  or  corporation  organized  for  the  pur- 
pose, shall  have  the  right  to  construct  and  operate  a rail- 
road between  any  designated  points  within  this  state,  and 
to  connect  within  or  at  the  state  line  with  railroads  of 
other  states  and  territories.  Every  railroad  company 
shall  have  the  right  with  its  road,  to  intersect,  connect 
with,  or  cross  any  other  railroad,  under  such  regulations 
as  may  be  prescribed  by  law,  and  upon  making  due  com- 
pensation. 

Sec.  6.  All  individuals,  associations  and  corpora- 
tions, similarly  situated,  shall  have  equal  rights  to  have 
persons  or  property  transported  on  and  over  and  rail- 
road, transportation,  or  express  route  in  the  state,  except 
that  preference  may  be  given  to  perishable  property.  No 
undue  or  unreasonable  discrimination  shall  be  made  in 
charges  or  facilities  for  transportation  of  freight  or  pas- 
sengers of  the  same  class,  by  any  railroad,  or  transporta- 
tion, or  express  company,  between  persons  or  places 
within  the  state;  but  excursion  or  commutation  tickets 
may  be  issued  and  sold  at  special  rates,  provided  such 
rates  are  the  same  to  all  persons.'  No  railroad,  or  trans- 
portation, or  express  company  shall  be  allowed  to  charge, 
collect  or  receive,  under  penalties  which  the  legislature 
shall  prescribe,  any  greater  charge  or  toll  for  the  trans- 
portation of  freight  or  passengers,  to  any  place  or  sta- 
tion upon  its  route  or  line,  than  it  charges  for  the  trans- 
portation ot  the  same  class  of  freight  or  passengers  to 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


43 


any  more  distant  place  or  station  upon  its  route  or  line 
within  this  state.  No  railroad,  express,  or  transporta- 
tion company,  nor  any  lessee,  manager,  or  other  em- 
ployee thereof,  shall  give  any  preference  to  any  in- 
dividual, association  or  corporation,  in  furnishing  cars  or 
motive  power,  or  for  the  transportation  of  money  or 
other  express  matter. 

Sec.  7.  No  corporation  other  than  municipal  corpor- 
ations in  existence  at  the  time  of  the  adoption  of  this  con- 
stitution, shall  have  the  benefit  of  any  future  legislation, 
without  filing  in  the  office  of  the  secretary  of  state  an  ac- 
ceptance of  the  provisions  of  this  constitution  in  binding- 
form. 

Sec.  8.  The  right  of  eminent  domain  shall  never  be 
abridged,  or  so  construed  as  to  prevent  the  legislature 
from  taking  the  property  and  franchise  of  incorporated 
companies,  and  subjecting  them  to  public  use,  the  same  as 
property  of  individuals;  and  the  police  powers  of  the 
state  shall  never  be  abridged  or  so  construed  as  to  permit 
corporations  to  conduct  their  business  in  such  manner  as 
to  infringe  the  equal  rights  of  individuals,  or  the  general 
well  being  of  the  state. 

Sec.  9.  No  corporation  shall  issue  stocks  or  bonds, 
except  for  labor  done,  services  performed,  or  money  or 
property  actually  received;  and  all  fictitious  increase  of 
stock  or  indebtedness  shall  be  void.  The  stock  of  corpor- 
ations shall  not  be  increased  except  in  pursuance  of  gen- 
eral law,  nor  without  the  consent  of  the  persons  holding  a 
majority  of  the  stock,  first  obtained  at  a meeting,  held 
after  at  least  thirty  days’  notice  given  in  pursuance  of 
law. 

Sec.  10.  No  foreign  corporation  shall  do  any  busi- 
ness in  this  state  without  having  one  or  more  known 
places  of  business,  and,  an  authorized  agent  or  agents  in 
the  same,  upon  whom  process  may  be  served,  and  no  com- 


44 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


pany  or  corporation  formed  under  the  laws  of  any  other 
country,  state  or  territory,  shall  have  or  be  allowed  to  ex- 
ercise or  enjoy,  within  this  state  any  greater  rights  or 
privileges  than  those  possessed  or  enjoyed  by  corpora- 
tions of  the  same  or  similar  character  created  under  the 
laws  of  this  state. 

Sec.  11.  Xo  street,  or  other  railroad,  shall  be  con- 
structed within  any  city,  town,  or  incorporated  village, 
without  the  consent  of  the  local  authorities  having  the 
control  of  the  street  or  highway  proposed  to  be  occupied 
by  such  street  or  other  railroad. 


Sec.  12.  The  legislature  shall  pass  no  law  for  the 
benefit  of  a railroad,  or  other  corporation,  or  any  in- 
dividual or  association  of  individuals  retroactive  in  its 
operation,  or  which  imposes  on  the  people  of  any  county 
or  municipal  subdivision  of  the  state,  a new  liability  in 
respect  to  transactions  or  considerations  already  past. 

Sec.  13.  Any  association  or  corporation,  or  the 
lessees  or  managers  thereof,  organized  for  the  purpose, 
or  any  individual,  shall  have  the  right  to  construct  and 
maintain  lines  of  telegraph  or  telephone  within  this  state, 
and  connect  the  same  with  other  lines ; and  the  legislature 
shall  by  general  law  of  uniform  operation,  provide  rea- 
sonable regulations  to  give  full  effect  to  this  section. 


Sec.  14.  If  any  railroad,  telegraph,  express,  or  other 
corporation,  organized  under  any  of  the  laws  of  this  state 
shall  consolidate  by  sale  or  otherwise  with  any  railroad, 
telegraph,  express,  or  other  corporation  organized  under 
any  of  the  laws  of  any  other  state  or  territory,  or  of  the 
United  States,  the  same  shall  not  thereby  become  a 
foreign  corporation,  but  the  courts  of  this  state  shall  re- 
tain jurisdiction  over  that  part  of  the  corporate  property 
within  the  limits  of  the  state  in  all  matters  that  may 
arise,  as  if  said  consolidation  had  not  taken  place. 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


45 


mitting  the  leasing  or  alienation  of  any  franchise  so  as  to 
release  or  relieve  the  franchise  or  property  held  there- 
under from  any  of  the  liabilities  of  the  lessor  or  grantor, 
or  lessee  or  grantee,  contracted  or  incurred  in  the  opera- 
tion, use,  or  enjoyment  of  such  franchise,  or  any  of  its 
privileges. 

Sec.  16.  The  term  “corporation”  as  used  in  this 
article,  shall  be  held  and  construed  to  include  all  associa- 
tions and  joint  stock  companies  having  or  exercising  any 
of  the  powers  or  privileges  of  corporations  not  possessed 
by  individuals  or  partnerships. 

Sec.  17.  Dues  from  private  corporations  shall  be  se- 
cured by  such  means  as  may  be  prescribed  by  law,  but  in 
no  case  shall  any  stockholder  be  individually  liable  in  any 
amount  over  or  above  the  amount  of  stock  owned  by  him. 

Sec.  18.  That  no  incorporated  company,  or  any  as- 
sociation of  persons  or  stock  company,  in  the  state  of 
Idaho,  shall  directly  or  indirectly  combine  or  make  any 
contract  with  any  incorporated  company,  foreign  or 
domestic,  through  their  stockholders  or  the  trustees  or 
assignees  of  .such  stockholders,  or  in  any  manner  whatso- 
ever, for  the  purpose  of  fixing  the  price,  or  regulating  the 
production  of  any  article  of  commerce  or  of  produce  of 
the  soil,  or  of  consumption  by  the  people;  and  that  the 
legislature  be  required  to  pass  laws  for  the  enforcement 
thereof,  by  adequate  penalties,  to  the  extent,  if  necessary 
for  that  purpose,  of  the  forfeiture  of  their  property  and 
franchise. 

ARTICLE  XII. 

CORPORATIONS MUNICIPAL. 

Section  1.  The  legislature  shall  provide  by  general 
laws  for  the  incorpation,  organization  and  classification 
of  the  cities  and  town,  in  proportion  to  the  population, 
which  laws  may  be  altered,  amended,  or  repealed  by  the 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


46 

general  laws.  Cities  and  towns  heretofore  incorporat- 
ed, may  become  organized  under  such  general  laws,  when- 
ever a majority  of  the  electors  at  a general  election,  shall 
so  determine,  under  such  provisions  therefore  as  may  be 
made  by  the  legislature. 

Sec.  2.  Any  county  or  incorporated  city  or  town 
may  make  and  enforce,  within  its  limits,  all  such  local, 
police,  sanitary  and  other  regulations  as  are  not  in  con- 
flict with  its  charter  or  with  the  general  laws. 

Sec.  3.  The  state  shall  never  assume  the  debts  of  any 
county,  town,  or  other  municipal  corporation,  unless  such 
debt  shall  have  been  created  to  repel  invasion,  suppress 
insurrection  or  defend  the  state  in  war. 

Section  4.  No  county,  town,  city  or  other  municipal 
corporation,  by  vote  of  its  citizens  or  otherwise,  shall 
ever  become  a stockholder  in  any  joint  stock  company, 
corporation  or  association  whatever,  or  raise  money  for, 
or  make  donation  or  loan  its  credit  to,  or  in  aid  of,  any 
such  company  or  association:  Provided , That  cities  and 

towns  may  contract  indebtedness  for  school,  water,  sani- 
tary, and  illuminating  purposes:  Provided , Thaf  any 

city  or  town  contracting  such  indebtedness  shall  own  its 
just  proportion  of  the  property  thus  created,  and  receive 
from  any  income  arising  therefrom,  its  proportion  to  the 
whole  amount  so  invested. 

ARTICLE  XIII. 

IMMIGRATION  AND  LABOR. 

Section  1.  There  shall  be  established  a bureau  of 
immigration,  labor  and  statistics,  which  shall  be  under 
the  charge  of  a commissioner  of  immigration,  labor  and 
statistics,  who  shall  be  appointed  by  the  governor,  by  and 
with  the  consent  of  the  senate.  The  commissioner  shall 
hold  his  office  for  two  years,  and  until  his  successor  shall 
have  been  appointed  and  qualified,  unless  sooner  re- 
moved. The  commissioner  shall  collect  information  up- 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


47 


on  the  subject  of  labor,  its  relation  to  capital,  the  hours  of 
labor  and  the  earnings  of  laboring  men  and  women,  and 
the  means  of  promoting  their  material,  social,  intellectual 
and  moral  prosperity.  The  commissioner  shall  annually 
make  a report  in  writing  to  the  governor  of  the  state  of 
the  information  collected  .and  collated  by  him,  and  con- 
taining such  recommendations  as  he  may  deem  calculated 
to  promote  the  efficiency  of  the  bureau. 

Sec.  2.  Not  more  than  eight  (8)  hours’  actual  work 
shall  constitute  a lawful  day’s  work  on  all  state  and 
municipal  works. 

Sec.  3.  All  labor  of  convicts  confined  in  the  state’s 
prison,  shall  be  done  within  the  prison  grounds,  except 
where  the  work  is  done  on  public  works  under  the  direct 
control  of  the  state. 

Sec.  4.  The  employment  of  children  under  the  age  of 
fourteen  (14)  years  in  underground  mines  is  prohibited. 

Sec.  5.  No  person,  not  a citizen  of  the  United  States, 
or  who  has  not  declared  his  intention  to  become  such, 
shall  be  employed  upon,  or  in  connection  with  any  state 
or  municipal  works. 

Sec.  6.  The  legislature  shall  provide  by  proper  legis- 
lation for  giving  to  mechanics,  laborers,  and  material 
men  an  adequate  lien  on  the  subject  matter  of  their  labor. 

Sec.  7.  The  legislature  may  establish  boards  of  arbi- 
tration, whose  duty  it  shall  be  to  hear  and  determine  all 
differences  and  controversies  between  laborers  and  their 
employers  which  may  be  submitted  to  them  in  writing  by 
all  the  parties.  Such  boards  of  arbitration  shall  possess 
all  the  powers  and  authority  in  respect  to  administering 
oaths,  subpoenaing  witnesses,  and  compelling  their  at- 
tendance, preserving  order  during  the  sittings  of  the 
board,  punishing  for  contempt,  and  requiring  the  produc- 
tion of  papers  and  writings,  and  all  other  powers  and 


48 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


privileges,  in  tlieir  nature  applicable,  conferred  by  law  on 
justices  of  the  peace. 

Sec.  8.  The  commissioner  of  immigration,  labor  and 
statistics  shall  perform  such  duties  and  receive  such  com- 
pensation as  may  be  prescribed  by  law. 

ARTICLE  XIY. 

MILITIA. 

Section  1.  All  able-bodied  male  persons,  residents  of 
this  state,  between  the  ages  of  eighteen  and  forty-five 
years,  shall  be  enrolled  in  the  militia,  and  perform  such 
military  duty  as  may  be  required  by  law;  but  no  person 
having  conscientious  scruples  against  bearing  arms,  shall 
be  compelled  to  perform  such  duty  in  time  of  peace. 
Every  person  claiming  such  exemption  from  service, 
shall,  in  lieu  thereof,  pay  into  the  school  fund  of  the 
county,  of  which  he  may  be  a resident,  an  equivalent  in 
money,  the  amount  and  manner  of  payment  to  be  fixed  by 
law. 

Sec.  2.  The  legislature  shall  provide  by  law  for  the 
enrollment,  equipment  and  discipline  of  the  militia,  to 
conform  as  nearly  as  practicable  to  the  regulations  for 
the  government  of  the  armies  of  the  United  States,  and 
pass  such  laws  to  promote  volunteer  organizations  as 
may  afford  them  effectual  encouragement. 

Sec.  3.  All  militia  officers  shall  be  commissioned  by 
the  governor,  the  manner  of  their  selection  to  be  provided 
by  law,  and  may  hold  their  commissions  for  such  period 
of  time  as  the  legislature  may  provide. 

Sec.  4.  All  military  records,  banners  and  relics  of 
the  state,  except  when  in  lawful  use,  shall  be  preserved  in 
the  office  of  the  adjutant-general  as  an  enduring  memor- 
ial of  patriotism  and  valor  of  the  soldiers  of  Idaho ; and 
it  shall  be  the  duty  of  the  legislature  to  provide  by  law 
for  the  safe-keeping  of  the  same. 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


49 


Sec.  5.  All  military  organization  under  the  laws  of 
this  state  shall  carry  no  other  device,  banner  or  flag  than 
that  of  the  United  States  or  the  state  of  Idaho. 

Sec.  6.  No  armed  police  force,  or  detective  agency, 
or  armed  body  of  men,  shall  ever  be  brought  into  this 
state  for  the  suppression  of  domestic  violence,  except  up- 
on the  application  of  the  legislature,  or  the  executive 
when  the  legislature  can  not  be  convened. 


ARTICLE  XV. 

WATER  RIGHTS. 

Section  1.  The  use  of  all  waters  now  appropriated, 
or  that  may  hereafter  be  appropriated  for  sale,  rental  or 
distribution;  also  of  all  water  originally  appropriated  for 
private  use,  but  which  after  such  appropriation  has  here- 
tofore been,  or  may  hereafter  be  sold,  rented,  or  distri- 
buted, is  hereby  declared  to  be  a public  use,  and  subject 
to  the  regulation  and  control  of  the  state  in  the  manner 
prescribed  by  law. 

Sec.  2.  The  right  to  collect  rates  or  compensation 
for  the  use  of  water  supplied  to  any  county,  city,  or  town, 
or  water  district,  or  the  inhabitants  thereof,  i>  a fran- 
chise, and  can  not  be  exercised  except  by  authority  of  and 
in  the  manner  prescribed  by  law. 

Sec.  3.  The  right  to  divert  and  appropriate  the  un- 
appropriated waters  of  any  natural  stream  to  beneficial 
uses,  shall  never  be  denied.  Priority  of  appropriation 
shall  give  the  better  right  as  between  those  using  the 
water;  but  when  the  waters  of  any  natural  stream  are 
not  sufficient  for  the  service  of  all  those  desiring  the  use 
of  the  same,  those  using  the  water  for  domestic  purposes 
shall  (subject  to  such  limitations  as  may  be  prescribed  by 
law)  have  the  preference  over  those  claiming  for  any 
other  purpose ; and  those  using  the  water  for  agricultural 
purposes  shall  have  preference  over  those  using  the  same 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


50 

for  manufacturing  purposes.  And  in  any  organized  min- 
ing district,  those  using  the  water  for  mining  purposes  or 
milling  purposes  connected  with  mining,  shall  have  pref- 
erence over  those  using  the  same  for  manufacturing  or 
agricultural  purposes.  But  the  usage  by  such  subse- 
quent appropriates  shall  be  subject  to  such  provisions  of 
law  regulating  the  taking  of  private  property  for  public 
and  private  use,  as  referred  to  in  Section  fourteen  of 
Article  I,  of  this  constitution. 

Sec.  4.  Whenever  any  waters  have  been,  or  shall  be, 
appropriated  or  used  for  agricultural  purposes,  under  a 
sale,  rental,  or  distribution  thereof,  such  sale,  rental  or 
distribution  shall  be  deemed  an  exclusive  dedication  to 
such  use;  and  whenever  such  waters  so  dedicated  shall 
have  once  been  sold,  rented  or  distributed  to  any  person 
who  has  settled  upon  or  improved  land  for  agricultural 
purposes  with  the  view  of  receiving  the  benefit  of  such 
water  under  such  dedication,  such  person,  liis  heirs, 
executors,  administrators,  successors,  or  assigns,  shall 
not  thereafter,  without  his  consent,  be  deprived  of  the  an- 
nual use  of  the  same,  when  needed  for  domestic  purposes, 
or  to  irrigate  the  land  so  settled  upon  or  improved,  upon 
payment  the  ref  of,  and  compliance  with  such  equitable 
terms  and  conditions  as  to  the  quantity  used  and  times  of 
use,  as  may  be  prescribed  by  law. 

Sec.  5.  4\  henever  more  than  one  person  has  settled 

upon,  or  improved  land  with  the  view  of  receiving  water 
for  agricultural  purposes,  under  a sale,  rental,  or  distri- 
bution thereof,  as  in  the  last  preceding  section  of  this 
article,  provided,  as  among  such  persons  priority  in 
time  shall  give  superiority  of  right  to  the  use  of  such 
v ater  in  the  numerical  order  of  such  settlements  or  im- 
provements ; but  whenever  the  supply  of  such  water  shall 
not  be  sufficient  to  meet  the  demands  of  all  those  desir- 
ing to  use  the  same,  such  priority  of  right  shall  be  subject 
to  such  reasonable  limitations  as  to  the  quantity  of  water 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


51 


used  and  times  of  use  as  the  legislature,  having  due  re- 
gard, both  to  such  priority  of  right  and  the  necessities  of 
those  subsequent  in  time  of  settlement  or  improvement, 
may  by  law  prescribe. 

Sec.  6.  The  legislature  shall  provide  by  law  the  man- 
ner in  which  reasonable  maximum  rates  may  be  estab- 
lished to  be  charged  for  the  use  of  water  sold,  rented  or 
distributed  for  any  useful  or  beneficial  purpose. 

ARTICLE  XVI. 

LIVE  STOCK. 

Section  1.  The  legislature  may  pass  all  necessary 
laws  to  provide  for  the  protection  of  live  stock  against 
the  introduction  or  spread  of  pleuro-pneumonia,  glan- 
ders, splenetic  or  Texas  fever,  and  other  infectious  or 
contagious  diseases.  The  legislature  may  also  establish 
a system  of  quarantine  or  inspection,  and  such  other 
regulations  as  may  be  necessary  for  the  protection  of 
stock  owners  and  most  conducive  to  the  stock  interests 
within  the  state. 


ARTICLE  XVII. 

STATE  BOUNDARIES. 

Section  1.  The  name  of  this  state  is  Idaho,  and  its 
boundaries  are  as  follows : Beginning  at  a point  in  the 

middle  channel  of  Snake  river  where  the  northern  bound- 
ary of  Oregon  intersects  the  same ; then  follow  down  the 
channel  of  the  Snake  river  to  a point  opposite  the  mouth 
of  the  Kooskooskia  or  Clearwater  river ; thence  due  north 
to  the  forty-ninth  parallel  of  latitude ; thence  east  along 
that  parallel  to  the  thirty-ninth  degree  of  longitude  west 
of  Washington;  thence  south  along  that  degree  of  longi- 
tude to  the  crest  of  the  Bitter  Root  mountains ; thence 
southward  along  the  crest  of  the  Bitter  Root  mountains 
till  its  intersection  with  the  Rocky  mountains ; thence 
southward  along  the  crest  of  the  Rock  mountains  to  the 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


52 

thirty-fourth  degree  of  longitude  west  of  Washington; 
thence  south  along  that  degree  of  longiture  to  the  forty- 
second  degree  of  north  latitude;  thence  west  along  that 
parallel  to  the  eastern  boundary  of  the  state  of  Oregon ; 
thence  north  along  that  boundary  to  the  place  of  begin- 
ning. 


ARTICLE  XVIII. 

COUNTY  ORGANIZATION. 

Section  1.  The  several  counties  of  the  territory  of 
Idaho  as  they  now  exist,  are  hereby  recognized  as  legal 
subdivisions  of  this  state. 

Sec.  2.  Xo  county  seat  shall  be  removed  unless  upon 
petition  of  a majority  of  the  qualified  electors  of  the 
county,  and  unless  two-thirds  of  the  qualified  electors  of 
the  county,  voting  on  the  proposition  at  a general  elec- 
tion, shall  vote  in  favor  of  such  removal.  A proposition 
of  removal  of  the  county  seat  shall  not  be  submitted  in 
the  same  county  more  than  once  in  six  years,  except  as 
provided  by  existing  laws.  No  person  shall  vote  at  any 
county  seat  election  who  has  not  resided  in  the  county  six 
months,  and  in  the  precinct  ninety  days. 

Sec.  3.  No, county  shall  be  divided  unless  a majority 
of  the  qualified  electors  of  the  territory  proposed  to  be 
cut  off,  voting  on  the  proposition  at  a general  election, 
shall  vote  in  favor  of  such  division : Provided , That  this 

section  shall  not  apply  to  the  creation  of  new  counties. 
No  person  shall  vote  at  such  election  who  has  not  been 
ninety  days  a resident  of  the  territory  proposed  to  be  an- 
nexed. When  any  part  of  a county  is  stricken  off  and 
attached  to  another  county,  the  part  stricken  off  shall  be 
held  to  pay  its  ratable  proportion  of  all  then  existing 
liabilities  of  the  county  from  which  it  is  taken. 

Sec.  4.  No  new  county  shall  be  established  which 
>hall  reduce  any  county  to  an  area  of  less  than  four  hun- 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


53 


dred  square  miles,  nor  shall  a new  county  be  formed  con- 
taining an  area  of  less  than  four  hundred  square  miles. 

Sec.  5.  The  legislature  shall  establish,  subject  to  the 
provisions  of  this  article,  a system  of  county  govern- 
ments which  shall  be  uniform  throughout  the  state;  and 
by  general  laws  shall  provide  for  township  or  precinct 
organization. 

Sec.  6.  The  legislature,  by  general  and  uniform 
laws,  shall  provide  for  the  election  biennally  in  each  of 
the  several  counties  of  the  state,  of  county  commission- 
ers, a sheriff,  county  treasurer,  who  is  ex  officio  public 
administrator;  probate  judge,  who  is  ex  officio  county 
superintendent  of  public  instruction;  county  assessor, 
who  is  ex  officio  tax  collector;  a coroner  and  a surveyor. 
The  clerk  of  the  district  court  shall  be  ex  officio  auditor 
and  recorder.  No  other  county  offices  shall  be  estab- 
lished, but  the  legislature  by  general  and  uniform  laws, 
shall  provide  for  the  election  of  such  township,  precinct 
and  municipal  officers  as  public  convenience  may  require, 
and  shall  prescribe  their  duties  and  fix  their  terms  of 
office.  The  legislature  shall  provide  for  the  strict  ac- 
countability of  county,  township,  precinct  and  municipal 
officers  for  all  fees  which  may  be  collected  by  them,  and 
for  all  public  and  municipal  moneys  which  may  be  paid  to 
them,  or  officially  come  into  their  possession.  The  coun- 
ty commissioners  may  employ  counsel  when  necessary. 
The  sheriff,  auditor  and  recorder  and  clerk  of  the  district 
court  shall  be  empowered  by  the  county  commissioners  to 
appoint  such  deputies  and  clerical  assistance  as  the  busi- 
ness of  their  offices  may  require,  said  deputies  and  cleri- 
cal assistance  to  receive  such  compensation  as  may  be 
fixed  by  the  county  commissioners.  No  sheriff  or  county 
assessor  shall  be  qualified  to  hold  the  term  of  office  im- 
mediately succeeding  the  term  for  which  he  was  elected. 

Sec.  7.  The  officers  provided  by  section  six  (6)  of 
this  article  shall  receive  annually  as  compensation  for 


54 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


their  services  as  follows:  Sheriff,  not  more  than  four 

thousand  dollars  and  not  less  than  one  thousand  dollars, 
together  with  such  mileage  as  may  be  prescribed  by  law ; 
clerk  of  the  district  court,  who  is  ex  officio  auditor  and 
recorder,  not  more  than  three  thousand  dollars,  and  not 
less  than  five  hundred  dollars;  probate  judge,  who  is  ex 
officio  county  superintendent  of  public  instruction,  not 
more  than  two  thousand  dollars,  and  not  less  than  five 
hundred  dollars ; county  assessor,  who  is  ex  officio  tax  col- 
lector, not  more  than  three  thousand  dollars  and  not  less 
than  five  hundred  dollars ; county  treasurer,  who  is  ex 
officio  public  administrator,  not  more  than  one  thousand 
dollars,  and  not  less  than  three  hundred  dollars ; coroner, 
not  more  than  five  hundred  dollars ; county  surveyor,  not 
more  than  one  thousand  dollars;  county  commissioners, 
such  per  diem  and  mileage  as  may  be  prescribed  by  law ; 
and  justices  of  the  peace  and  constables  such  fees  as  may 
be  prescribed  by  law. 

Sec.  8.  The  compensation  provided  in  section  seven 
(7)  for  the  officers  therein  mentioned  shall  be  paid  by  fees 
or  commissions,  or  both,  as  prescribed  by  law.  All  fees 
and  commissions  received  by  such  officers  in  excess  of  the 
maximum  compensation  per  annum  provided  for  each  in 
section  seven  (7)  of  this  article,  shall  be  paid  to  the  coun- 
ty treasurer  for  the  use  and  benefit  of  the  county.  In 
case  the  fees  received  in  any  one  year  by  any  one  such 
officer  shall  not  amount  to  the  minimum  compensation  per 
annum  therein  provided,  he  shall  be  paid  by  the  county  a 
sum  sufficient  to  make  his  aggregate  annual  compensa- 
tion equal  to  such  minimum  compensation. 

Sec.  9.  The  neglect  or  refusal  of  any  officer  named 
in  this  article  to  account  for  and  pay  into  the  county 
treasury  any  money  received  as  fees  or  compensation  in 
excess  of  the  maximum  amount  allowed  to  such  officer  by 
the  provisions  of  this  article,  within  forty  days  after  the 
receipt  of  the  same,  shall  be  a felony,  and  the  grade  of 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


55 


the  crime  shall  be  the  embezzlement  of  public  moneys,  and 
be  punishable  as  provided  for  such  offense. 

Sec.  10.  The  board  of  county  commissioners  shall 
consist  of  three  members,  whose  term  of  office  shall  be 
two  years. 

Sec.  11.  County,  township  and  precinct  officers  shall 
perform  such  duties  as  shall  be  prescribed  by  law. 

ARTICLE  XIX. 

APPORTIONMENT. 

Section  1.  Until  otherwise  provided  by  law  the  ap- 
portionment of  the  two  houses  of  the  legislature  shall  be 
as  follows : 

The  first  senatorial  district  shall  consist  of  the  county 
of  Shoshone,  and  shall  elect  two  senators. 

The  second  shall  consist  of  the  counties  of  Kootenai 
and  Latah,  and  shall  elect  one  senator. 

The  third  shall  consist  of  the  counties  of  Nez  Perce 
and  Idaho,  and  shall  elect  one  senator. 

The  fourth  shall  consist  of  the  counties  of  Nez  Perce 
and  Latah  and  shall  elect  one  senator. 

The  fifth  shall  consist  of  the  county  of  Latah  and  shall 
elect  one  senator. 

The  sixth  shall  consist  of  the  county  of  Boise,  and 
shall  elect  one  senator. 

The  seventh  shall  consist  of  the  county  of  Custer,  and 
shall  elect  one  senator. 

The  eighth  shall  consist  of  the  county  of  Lemhi,  and 
shall  elect  one  senator. 

The  ninth  shall  consist  of  the  county  of  Logan,  and 
shall  elect  one  senator. 

The  tenth  shall  consist  of  the  county  of  Bingham,  and 
shall  elect  one  senator. 


56  CONSTITUTION  OF  THE  STATE  OF  IDAHO 

The  eleventh  shall  consist  of  the  counties  of  Bear 
Lake,  Oneida  and  Bingham,  and  sfiall  elect  one  senator. 

The  twelfth  shall  consist  of  the  counties  of  Owyhee 
and  Cassia,  and  shall  elect  one  senator. 

The  thirteenth  shall  consist  of  the  county  of  Elmore, 
and  shall  elect  one  senator. 

The  fourteenth  shall  consist  of  the  county  of  Alturas, 
and  shall  elect  one  senator. 

The  fifteenth  shall  consist  of  the  county  of  Ada,  and 
shall  elect  two  senators. 

The  sixteenth  shall  consist  of  the  county  of  Washing- 
ton, and  shall  elect  one  senator. 

Sec.  2.  The  several  counties  shall  elect  the  following 
members  of  the  house  of  representatives : 

The  county  of  Ada,  three  members. 

The  counties  of  Ada  and  Elmore,  one  members. 

The  county  of  Alturas,  two  members. 

The  county  of  Boise,  two  members. 

The  county  of  Bear  Lake,  one  member. 

The  county  of  Bingham,  three  members. 

The  county  of  Cassia,  one  member. 

The  county  of  Custer,  two  members. 

The  county  of  Elmore,  one  member. 

The  county  of  Idaho,  one  member. 

The  counties  of  Idaho  and  Nez  Perce,  one  member. 

The  county  of  Kootenai,  one  member. 

The  county  of  Latah,  two  members. 

The  counties  of  Kootenai  and  Latah,  one  member. 

The  county  of  Logan,  two  members. 

The  county  of  Lemhi,  two  members. 


CONSTITUTION  OF  THE  STATE  OF  IDAHO  57 

The  county  of  Nez  Perce,  one  member. 

The  county  of  Oneida,  one  member. 

The  county  of  Owyhee,  one  member. 

The  county  of  Shoshone,  four  members. 

The  county  of  Washington,  two  members. 

The  counties  of  Bingham,  Logan  and  Alturas,  one 
member. 

i 

ARTICLE  XX. 

. AMENDMENTS. 

Section  1.  Any  amendment  or  amendments  to  this 
constitution  may  be  proposed  in  either  branch  of  the 
legislature,  and  if  the  same  shall  be  agreed  to  by  two-  • 
thirds  of  all  the  members  of  each  of  the  two  houses,  vot- 
ing separately,  such  proposed  amendment  or  amend- 
ments shall,  with  the  yeas  and  nays  thereon,  be  entered 
on  their  journals,  and  it  shall  be  the  duty  of  the  legisla- 
ture to  submit  such  amendment  or  amendments  to  the 
electors  of  the  state  at  the  next  general  election,  and 
cause  the  same  to  be  published  without  delay  for  at  least 
six  consecutive  weeks,  prior  to  said  election,  in  not  less 
than  one  newspaper  of  general  circulation  published  in 
each  cqunty;  and  if  a majority  of  the  electors  shall  ratify 
the  same,  such  amendment  or  amendments  shall  become  a 
part  of  this  constitution. 

Sec.  2.  If  two  or  more  amendments  are  proposed, 
they  shall  be  submitted  in  such  manner  that  the  electors 
shall  vote  for  or  against  each  of  them  separately. 

Sec.  3.  Whenever  two-tliirds  of  the  members  elected 
to  each  branch  of  the  legislature  shall  deem  it  necessary 
to  call  a convention  to  revise  or  amend  this  constitution, 
they  shall  recommend  to  the  electors  to  vote  at  the  next 
general  election  for  or  against  a convention,  and  if  a ma- 
jority of  all  the  electors  voting  at  said  election  shall  have 


58 


CONSTITUTION  OF  THE  STATE  OE  IDAHO 


voted  for  a convention,  the  legislature  shall  at  the  next 
session  provide  by  law  for  calling  the  same ; and  such 
convention  shall  consist  of  a number  of  members  not  less 
than  double  the  number  of  the  most  numerous  branch  of 
the  legislature.  ' j 

Sec.  4.  Any  constitution  adopted  by  such  conven- 
tion, shall  have  no  validity  until  it  has  been  submitted  to. 
and  adopted  by  the  people. 

ARTICLE  XXI. 

SCHEDULE  AND  ORDINANCE. 

Section  1.  That  no  inconvenience  may  arise  from  a 
change  of  the  territorial  government  to  a permanent 
state  government,  it  is  declared  that  all  writs,  actions, 
prosecutions,  claims,  liabilities  and  obligations  against 
the  territory  of  Idaho,  of  whatsoever  nature,  and  rights 
of  individuals,  and  of  bodies  corporate,  shall  continue  as 
if  no  change  had  taken  place  in  this  government ; and  all 
process  which  may,  before  the  organization  of  the  judi- 
cial department  under  this  constitution,  be  issued  under 
the  authority  of  the  territory  of  Idaho,  shall  be  as  valid 
as  if  issued  in  the  name  of  the  state. 

Sec.  2.  All  laws  now  in  force  in  the  territory  of 

» * 

Idaho  which  are  not  repugnant  to  this  constitution  shall 
remain  in  force  until  they  expire  by  their  own  limitation 
or  be  altered  or  repealed  by  the  legislature. 

Sec.  3.  All  fines,  penalties,  forfeitures  and  escheats 
accruing  to  the  territory  of  Idaho  shall  accrue  to  the  use 
of  the  state. 

Sec.  4.  All  recognizances,  bonds,  obligations,  or 
other  undertakings  heretofore  taken,  or  which  may  be 
taken  before  the  organization  of  the  judicial  department 
under  this  constitution,  shall  remain  valid,  and  shall  pass 
over  to  and  may  be  prosecuted  in  the  name  of  the  state : 
and  all  bonds,  obligations  or  other  undertaking  executed 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


59 


by  this  territory,  or  to  any  other  officer  in  his  official  ca- 
pacity, shall  pass  over  to  the  proper  state  authority,  and 
to  their  successors  in  office,  for  the  uses  therein  respec- 
tively expressed,  and  may  be  used  for  and  recovered  ac- 
cordingly. All  criminal  prosecutions  and  penal  actions 
which  have  arisen,  or  which  may  arise  before  the  organ- 
ization of  the  judicial  department  under  this  constitution, 
and  which  shall  then  be  pending,  may  be  prosecuted  to 
judgment  and  execution  in  the  name  of  the  state. 

Sec.  5.  All  officers,  civil  and  military,  now  holding 
their  offices  and  appointments  in  this  territory  under  the 
authority  of  the  United  States,  or  under  the  authority  of 
this  territory,  shall  continue  to  hold  and  exercise  their 
respective  offices  and  appointments  until  suspended 
under  their  constitution. 

Sec.  6.  This  constitution  shall  be  submitted  for 
adoption  or  rejection,  to  a vote  of  the  electors  qualified 
by  the  laws  of  this  territory  to  vote  at  all  elections  at  an 
election  to  be  held  on  the  Tuesday  next  after  the  first 
Monday  in  November,  A.  D.,  1889.  Said  election  shall  be 
conducted  in  all  respects  in  the  same  manner  as  provided 
by  the  laws  of  the  territory  for  general  election,  and  the 
returns  thereof  shall  be  made  and  canvassed  in  the  same 
manner  and  by  the  same  authority  as  provided  in  cases  of 
such  general  elections  and  abstracts  of  such  returns  duly 
certified  shall  be  transmitted  to  the  board  of  canvassers 
now  provided  by  law  for  canvassing  the  return  of  votes 
for  delegate  to  congress.  The  said  canvassing  board 
shall  canvass  the  votes  so  returned  and  certify  and  de- 
clare the  result  of  said  election  in  the  same  manner,  as  is 
required  by  law  for  the  election  of  said  delegate. 

At  the  said  election  the  ballots  shall  be  in  the  follow- 
ing form : For  the  constitution — Yes ; No. 

And  as  a heading  to  each  of  said  ballots  shall  be  print- 
ed on  each  ballot,  the  following  instructions  to  voters : 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


60 

All  persons  who  desire  to  vote  for  the  constitution,  or 
any  of  the  articles  submitted  to  a separate  vote,  may 
erase  the  word  “ no.  ’ ’ 

All  persons  who  desire  to  vote  against  the  constitu- 
tion, or  against  any  article  submitted  separately,  may 
erase  the  wTord  ‘ ‘ yes.  ’ ’ 

Any  person  may  have  printed  or  written  on  his  ballot 
only  the  words,  “For  the  constitution,”  or  “Against  the 
constitution,”  and  such  ballots  shall  be  counted  for  or 
against  the  constitution  accordingly. 

Sec,  7.  This  constitution  shall  take  effect  and  be  in 
full  force  immediately  upon  the  admission  of  the  terri- 
tory as  a state. 

Sec.  8.  Immediately  upon  the  admission  of  the  terri- 
tory as  a state,  the  governor  of  the  territory,  or  in  case 
of  his  absence  or  failure  to  act,  the  secretary  of  the  terri- 
tory, or  in  case  of  his  absence  or  failure  to  act,  the  presi- 
dent of  this  convention,  shall  issue  a proclamation,  which 
shall  be  published,  and  a copy  thereof  mailed  to  the  chair- 
man of  the  board  of  county  commissioners  of  each  coun- 
ty, calling  an  election  of  the  people  of  all  state,  district, 
county,  township,  and  other  officers,  creative  and  made 
elective  by  this  constitution,  and  fixing  a day  for  such 
election,  which  shall  not  be  less  than  forty  days  after  the 
date  of  such  proclamation,  nor  more  than  ninety  days 
after  the  admission  of  the  territory  as  a state. 

Sec.  9.  The  board  of  commissioners  of  the  several 
counties  shall  thereupon  order  such  election  for  said  day, 
and  shall  cause  notice  thereof  to  be  given,  in  the  manner 
and  for  the  length  of  time  provided  by  the  lawTs  of  the 
territory  in  cases  of  general  elections  for  delegate  to  con- 
gress and  county  and  other  officers.  Every  qualified 
elector  of  the  territory,  at  the  date  of  "said  election,  shall 
be  entitled  to  a vote  thereat.  Said  election  shall  be  con- 
ducted in  all  respects  in  the  same  manner  as  provided  by 


61 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 

the  laws  of  the  territory  for  general  elections,  and  re- 
turns thereof  shall  be  made  and  canvassed  in  the  same 
manner  and  by  the  same  authority  as  provided  in  cases  of 
such  general  election ; but  returns  for  all  state  and  dis- 
trict officers  and  members  of  the  legislature,  shall  be 
made  to  the  canvassing  board  hereinafter  provided  for. 

Sec.  10.  The  governor,  secretary,  controller,  and  at- 
torney general  of  the  territory,  and  the  president  of  this 
convention,  or  a majority  of  them,  shall  constitute  a 
board  of  canvassers  to  canvass  the  vote  at  such  elections 
for  all  state  and  district  officers  and  members  of  the 
legislature.  The  said  board  shall  assemble  at  the  seat  of 
government  of  the  territory,  on  the  thirtieth  day  after  the 
date  of  such  election  (or  on  the  following  day  if  such  day 
fall  on  Sunday),  and  proceed  to  canvass  the  vote  for  all 
state  and  district  officers  and  members  of  the  legislature, 
in  the  manner  provided  by  the  laws  of  the  territory  for 
canvassing  the  vote  for  delegate  to  congress,  and  they 
shall  issue  certificates  of  election  to  the  persons  found  to 
be  elected  to  said  offices  severally,  and  shall  make  and  file 
with  the  secretary  of  the  territory  an  abstract  certified  by 
them,  of  the  number  of  votes  cast  for  each  person  for 
each  of  said  offices  and  of  the  total  number  of  votes  cast 
in  each  county. 

Sec.  11.  The  canvassing  boards  of  the  several  coun- 
ties shall  issue  certificates  of  election  to  the  several  per- 
sons found  by  them  to  have  been  elected  to  the  several 
county  and  precinct  offices. 

Sec.  12.  All  officers  elected  at  such  election  shall, 
within  thirty  days  after  they  have  been  declared  elected, 
take  the  oath  required  by  this  constitution,  and  give  the 
same  bond  required  by  the  law  of  the  territory  to  be  given 
in  case  of  like  officers  of  the  territory,  district  or  county, 
and  shall  thereupon  enter  upon  the  duties  of  their  respec- 
tive offices;  but  the  legislature  may  require  by  law  all 


62 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


such  officers  to  give  other  or  further  bonds  as  a condition 
of  their  continuance  in  office. 

Sec.  13.  All  officers  elected  at  said  election,  shall 
hold  their  offices  until  the  legislature  shall  provide  by 
law,  in  accordance  with  this  constitution,  for  the  election 
of  their  successors  and  until  such  successors  shall  be 
elected  and  qualified. 

Sec.  14.  The  governor-elect  of  the  state,  immediate- 
ly upon  his  qualifying  and  entering  upon  the  duties  of  his 
office,  shall  issue  his  proclamation  convening  the  legisla- 
ture of  the  state  at  the  seat  of  government  on  a day  to  be 
named  in  said  proclamation  and  which  shall  not  be  less 
than  thirty  nor  more  than  sixty  days  after  the  date  of 
such  proclamation.  "Within  ten  days  after  the  organiza- 
tion of  the  legislature,  botli  houses  of  the  legislature  shall 
then  and  there  proceed  to  elect,  as  provided  by  law,  two 
senators  of  the  United  States  for  the  state  of  Idaho.  At 
said  election  the  two  persons  who  shall  receive  the  major- 
ity of  all  votes  cast  by  said  senators  and  representatives, 
shall  be  elected  as  such  United  States  senators,  and  shall 
be  so  declared  by  the  presiding  officers  of  said  joint  ses- 
sion. The  presiding  officers  of  the  senate  and  house, 
shall  issue  a certificate  to  each  of  said  senators,  certifying 
his  election,  which  certificates  shall  also  be  signed  by  the 
governor  and  attested  by  the  secretary  of  state. 

Sec,  15.  The  legislature  shall  pass  all  necessary  laws 
to  carry  into  effect  the  provisions  of  this  constitution. 

Sec.  16.  Whenever  any  two  of  the  judges  of  the, 
supreme  court  of  the  state,  elected  under  the  provisions 
of  this  constitution,  shall  have  qualified  in  their  offices, 
the  causes  then  pending  in  the  supreme  court  of  the  ter- 
ritory, and  the  papers,  records,  and  proceedings  of  said 
court,  and  the  seal  and  other  property  pertaining  thereto, 
shall  pass  into  the  jurisdiction  and  possession  of  the 
supreme  court  of  the  state,  and  until  so  superceded  the 


CONSTITUTION  OF  THE'  STATE  OF  IDAHO 


63 

supreme  court  of  the  territory  and  the  judges  thereof 
shall  continue,  with  like  power  and  jurisdiction,  as  if  this 
constitution  had  not  been  adopted.  Whenever  the  judge 
of  the  district  court  of  any  district,  elected  under  the  pro- 
visions of  this  constitution,  shall  have  qualified  in  office, 
the  several  causes  then  pending  in  the  district  court  of 
the  territory,  within  any  county  in  such  district,  and  the 
records,  papers,  and  proceedings  of  said  district  court, 
and  the  seal  and  other  property  pertaining  thereto,  shall 
pass  into  the  purisdiction  and  possession  of  the  district 
court  of  the  state  for  such  county;  and  until  the  district 
courts  of  this  territory  shall  he  superceded  in  the  man- 
ner aforesaid  the  said  district  courts  and  the  judges 
thereof  shall  continue  with  the  same  jurisdiction  and 
power  to  be  exercised  in  the  same  judicial  districts  re- 
spectively, as  heretofore  constituted  under  the  laws  of 
the  territory. 

Sec.  17.  Until  otherwise  provided  by  law,  the  seals 
now  i:i  use  in  the  supreme  and  districts  courts  of  this  ter- 
ritory are  hereby  declared  to  be  the  seals  of  the  supreme 
and  district  courts,  respectively,  of  the  state. 

Sec.  18.  Whenever  this  constitution  shall  go  into 
effect,  the  books,  records  and  papers,  and  proceedings  of 
the  probate  court  in  each  county,  and  all  causes  and  mat- 
ters of  administration  and  other  matters  pending  therein, 
shall  pass  into  the  jurisdiction  and  possession  of  the  pro- 
bate court  of  the  same  county  of  the  state,  and  the  said 
probate  court  shall  proceed  to  final  decree  and  judgment, 
order,  or  other  determination  in  the  said  several  matters 
and  causes  as  the  said  probate  court  might  have  done  as 
if  this  constitution  had  not  been  adopted. 

Sec.  19.  It  is  ordained  by  the  State  of  Idaho  that 
perfect  toleration  of  religious  sentiment  shall  be  secured, 
and  no  inhabitant  of  said  state  shall  ever  be  molested  in 
person  or  property  on  account  of  his  or  her  mode  of 
religious  worship.  And  the  people  of  the  state  of  Idaho 


64  CONSTITUTION  OF  THE  STATE  OF  IDAHO 

do  agree  and  declare  that  we  forever  disclaim  all  right 
and  title  to  the  unappropriated  public  lands  lying  within 
the  boundaries  thereof,  and  to  all  lands  lying  within  said 
limits,  owned  or  held  by  any  Indians  or  Indian  tribes ; 
and  until  the  title  thereto  shall  have  been  extinguished 
by  the  United  States,  the  same  shall  be  subject  to  the  dis- 
position of  the  United  States,  and  said  Indian  lands  shall 
remain  under  the  absolute  jurisdiction  and  control  of  the 
congress  of  the  United  States ; that  the  lands  belonging  to 
citizens  of  the  United  States,  residing  without  the  said 
state  of  Idaho,  shall  never  be  taxed  at  a higher  rate  than 
the  lands  belonging  to  the  residents  thereof.  That  no 
taxes  shall  be  imposed  by  the  state  on  the  lands  or  prop- 
erty therein  belonging  to  or  which  may  hereafter  be  pur- 
chased by  the  United  States,  or  reserved  for  its  use. 
And  the  debts  and  liabilities  of  this  territory  shall  be  as- 
sumed and  paid  by  the  state  of  Idaho.  That  this  ordin- 
ance shall  be  irrevocable,  without  the  consent  of  the 
United  States  and  the  people  of  the  state  of  Idaho. 


Sec.  20.  That  in  behalf  of  the  people  of  Idaho,  we,  in 
convention  assembled,  do  adopt  the  constitution  of  the 
United  States. 

Done  in  open  convention,  at  Boise  City,  in  the  terri- 
tory of  Idaho,  this  sixth  day  of  August,  in  the  year  of 
our  Lord,  one  thousand  eight  hundred  and  eighty-nine. 


WM.  II.  CLAGETT,  Pres. 
GEO.  AINSLEE. 

W.  C.  B.  ALLEN. 

ROB’T.  ANDERSON 
H.  ARMSTRONG. 
ORLANDO  B.  BATTEN. 
FRANK  W.  BEANE. 
JAS.  H.  BEATTY. 


WM.  C.  MAXEY. 

A.  E.MAYHEW. 
w.  j.  McConnell. 

HENRY  MELDER, 
JOHN  H.  MYER. 
JOHN  T.  MORGAN. 
A.  B.  MOSS. 

AARON  F.  PARKER. 


UO^STITTJTICm  OP  THE  STATE  OP  IDAHO 


65 


J.  AY.  B ARGENTINE.  A.  J.  PIERCE. 

A.  D.  BEVAN.  A.  J.  PINKHAAL 

HENRY  B.  BLAKE,  J.  AY.  POE. 

EREDERICK  CAMPBELL.  THOS.  PYEATT. 


PRANK  P.  CAVAN  AH, 
A.  S.  CHANEY. 

(CHAS.  A.  CLARK. 

I.  N.  COSTON. 

JAS.  I.  CRUTCHER. 
STEPHEN  S.  GLIDDEN. 
JOHN  S.  GRAY. 

AYM.  AY.  HAMMEL. 

H.  S.  HAMPTON. 

H.  0.  HARKNESS. 
PRANK  HARRIS. 

SOL.  IIASROUCK. 

C.  M.  HAYS. 

AY.  B.  HEYBURN. 

JOHN  HOGAN. 

J.  M.  IIOAYE. 

E.  S.JEAYELL. 

G.  AY.  KING. 

H.  B.  KINPORT. 

JAS.  AY.  LAYIOREAUX. 
JOHN  LEAYIS. 


JAS.  AY.  REID. 

AY.  D.  ROBBINS. 

AYM.  H.  SAVIDGE. 

AUG.  M.SINNOTT. 

JAMES  M.  SHOUP. 

DREN  AY.  STANROD. 
FRANK  STEUNENBERG 
HOMER  STULL. 

AYILLIS  SWEET. 

SAM  F.  TAYLOR, 

J.  L.  UNDERAYOOD. 
LYCURGUS  VINEYARD. 
J.  S.  AVHITTON. 

EDGAR  WILSON. 

AY.  W.  WOODS. 

JOHN  LEMP. 

N.  I.  ANDREAYS. 

P.  McMAHON. 

SAMUEL  J.  PRITCHARD. 
J.  W.  BRIGHAM. 

P.  J.  PEFLEY. 


AMENDMENTS. 

The  following  amendments  to  the  Constitution  have 
been  adopted : 


CONSTITUTION  OF  THE'  STATE'  OF  IDAHO1 


66 


ARTICLE  V. 

Section  18.  A prosecuting  attorney  shall  be  elected 
for  each  organized  county  in  the  state,  by  the  qualified 
electors  of  such  county,  and  shall  hold  office  for  the  terms 
of  two  years,  and  shall  perforin,  such  duties  as  may  be; 
prescribed  by  law;  he  shall  be  a practicing  attorney  at. 
law,  and  a resident  and  elector  of  the  county  for  which  he 
is  elected.  He  shall  receive  as  compensation  for  his  ser- 
vices a sum  not  less  than  five  hundred  dollars  per  annum, 
nor  more  than  fifteen  hundred  dollars  per  annum,  to  be 
fixed  by  the  board  of  commissioners  of  the  county  at  its 
regular  session  in  July  next  preceding  any  general  elec- 
tion, and  to  be  paid  in  quarterly  installments  out  of  the 
county  treasury. 

ARTICLE  VI. 

Section  2.  Except  as  in  this  article  otherwise  pro- 
vided, every  male  or  female  citizen  of  the  United  States, 
twenty-one  years  old,  who  has  actually  resided  in  this 
state  or  territory  fornix  months,  and  in  the  county  where 
he  or  she  offers  to  vote,  thirty,  days  next  preceding  the 
day  of  election,  if  registered  as  provided  by  law,  is  a 
qualified  elector;  and  until  otherwise  provided  by  the 
legislature,  women  who  have  the  qualifications  prescribed 
in  this  article  may  continue  to  hold  such  school  offices  and 
vote  at  such  school  elections  as  provided  by  the  laws  of 
Idaho  Territory. 

ARTICLE  XVIII. 

Section  4.  No  new  counties  shall  be  established 
which  shall  reduce  any  county  to  an  area  of  less  than  four 
hundred  square  miles,  nor  the  valuation  of  its  taxable 
property  to  less  than  one  million  dollars.  Nor  shall  any 
new  county  be  formed  which  shall  have  an  area  of  less 
than  four  hundred  square  miles  and  taxable  property  of 


CONSTITUTION-  OF  THE  STATE  OF  IDAHO 


67 


less  than  one  million  dollars,  as  shown  by  the  last  prev- 
ious assessment. 

Sec.  6.  The  legislature  by  general  and  uniform  laws 
shall  provide  for  the  election  biennially  in  each  of  the 
several  counties  of  the  state,  of  county  commissioners,  a 
sheriff,  a county  treasurer,  who  is  ex  officio  public  admin- 
istrator, a probate  judge,  a county  superintendent  of  pub- 
lic instruction,  a county  assessor  who  is  ex  officio  tax  col- 
lector, a coroner  and  a surveyor.  The  clerk  of  the  dis- 
trict court  shall  be  ex  officio  auditor  and  recorder.  No 
other  county  offices  shall  be  established,  but  the  legisla- 
ture by  general  and  uniform  laws  shall  provide  for  sucli 
township,  precinct  and  municipal  officers  as  public  con- 
venience may  require,  and  shall  prescribe  their  duties, 
and  fix  their  terms  of  office.  The  legislature  shall  pro- 
vide for  the  strict  accountability  of  county,  township,  pre- 
cinct and  municipal  officers  for  all  fees  which  may  be  col- 
lected by  them,  and  for  all  public  and  municipal  monies 
which  may  be  paid  to  them  or  officially  come  into  their 
possession.  The  county  commissioners  may  employ 
counsel  when  necessary.  The  sheriff,  auditor  and 
recorder,  and  clerk  of  the  district,  court  shall  be  em- 
powered by  the  county  commissioners  to  appoint  such 
deputies  and  clerical  assistance  as  the  business  of  their 
offices  may  require,  said  deputies  and  clerical  assistants 
to  receive  such  compensation  as  may  be  fixed  by  the  coun- 
ty commissioners.  . No  sheriff  or  county  assessor  shall  be 
qualified  to  hold  the  term  of  office  immediately  succeeding 
the  terms  for  which  he  was  elected.  The  salary  and 
qualifications  of  the  county  superintendent  shall  be  fixed 
by  law. 

Sec.  7.  All  county  officers  and  deputies  when  al- 
lowed, shall  receive,  as  full  compensation  for  their  ser- 
vices, fixed  annual  salaries,  to  be  paid  quarterly  out  of 
the  county  treasury,  as  other  expenses  are  paid.  All 
actual  and  necessary  expenses,  incurred  by  any  county 


68 


CONSTITUTION  OF  THE  STATE  OF  IDAHO 


officer  or  deputy,  in  performance  of  liis  official  duties, 
shall  be  a legal  charge  against  the  county,  and  may  be  re- 
tained by  him  out  of  any  fees,  which  may  come  into  his 
hands.  All  fees,  which  may  come  into  his  hands  from 
whatever  source,  over  and  above  his  actual  and  necessary 
expenses,  shall  be  turned  into  a county  treasury  at  the 
end  of  each  quarter.  He  shall  at  the  end  of  each  quarter, 
file  with  the  clerk  of  the  board  of  county  commissioners, 
a sworn  • statement,  accompanied  by  proper  vouchers, 
showing  all  expenses  incurred  and  all  fees  received, 
which  must  be  audited  by  the  board  as  other  accounts. 

Sec.  9.  The  neglect  or  refusal  of  any  county  officer 
any  money  received  as  fees  or  compensation,  in  excess  of 
or  deputy  to  account  for  and  pay  into  the  county  treasury 
his  actual  and  necessary  expenses,  incurred  in  the  per- 
formance of  his  official  duties,  within  ten  days  after  his 
quarterly  settlement  with  the  county,  shall  be  a felony, 
and  the  grade  of  the  crime  shall  be  embezzlement  of  pub- 
lic funds,  and  be  punishable  as  provided  for  offenses. 

ARTICLE  XIII. 

Section  2.  Not  more  than  eight  (8)  hours  actual 
work  shall  constitute  a lawful  day’s  work  on  all  state  and 
municipal  works,  and  the  legislature  shall  pass  laws  to 
provide  for  the  health  and  safety  of  employes  in  fac- 
tories, smelters,  mines  and  ore  reduction  works. 

Section  1.  That  Section  9 of  Article  VII  of  the  Con- 
stitution of  the  State  of  Idaho  be  amended  to  read  as  fol- 
lows : 

Section  9.  The  rate  of  taxation  of  real  and  personal 
property  for  state  purposes  shall  never  exceed  ten  (10) 
mills  on  each  dollar  of  assessed  valuation,  unless  a pro- 
position to  increase  such  rate,  specifying  the  rate  pro- 
posed and  the  time  during  which  the  same  shall  be  levied, 
shall  have  been  submitted  to  the  people  at  a general  elec- 
tion, and  shall  have  received  a majority  of  all  the  votes 
cast  for  and  against  it  at  such  election. 


IDAHO  SCHOOL  LAWS. 

Calling  Bond  Elections. 

Section  642.  The  board  of  school  trustees  of  any  school 
district  may,  whenever  a majority  so  decides,  submit  to  the 
qualified  voters  of  the  State  of  Idaho  who  are  resident  free- 
holders or  householders  of  the  district,  and  their  wives,  the 
question  whether  the  board  be  authorized  to  issue  coupon 
bonds  to  a certain  amount,  not  to  exceed  eight  per  centum 
of  the  taxable  property  in  said  district,  and  bearing  a rate 
of  interest  not  exceeding  six  per  centum  per  annum,  and 
payable  and  redeemable  at  a certain  time,  for  the  purpose 
of  building  or  providing  one  or  more  school  houses  in  said 
district,  with  all  necessary  furniture,  desks,  blackboards, 
globes,  charts,  outline  maps,  etc.  And  the  board  of  school 
trustees  of  any  school  district  which  has  issued  bonds  for 
any  of  the  purposes  enumerated  in  this  section,  may  submit 
to  the  electors  of  such  district  the  question  whether  the 
board  shall  be  authorized  to  issue  coupon  bonds  to  refund 
or  take  up  any  of  the  bonded  indebtedness  of  such  district, 
at  a rate  of  interest  not  exceeding  six  per  centum  per  an- 
num. 

Election : Issuance  and  Registration  of  Bonds. 

Section  643.  Such  elections  must  be  held  in  the  manner 
prescribed  for  elections  in  this  chapter.  The  ballots  must 
contain  the  words  “Bonds  Yes”  or  “Bonds  No.”  If  two- 
thirds  of  the  votes  cast  at  such  election  are  “Bonds  Yes,” 
the  board  of  trustees  must  issue  such  bonds  in  such  form  as 
the  board  may  direct;  they  must  bear  the  signature  of  the 
chairman  of  the  board  of  trustees,  and  be  countersigned  by 
the  clerk  of  the  school  district,  and  the  coupons  attached  to 
the  bonds  must  be  signed  by  said  chairman  and  said  clerk; 
and  each  bond  so  issued  must  be  registered  by  the  county 
treasurer  in  a book  provided  for  that  purpose,  which  must 
show  the  number  and  amount  of  each  bond  and  the  person 
to  whom  the  same  is  issued,  and  the  said  bonds  must  be  sold 
by  the  said  school  trustees  as  hereinafter  provided. 

Sale  of  Bonds. 

Section  644.  The  school  trustees  must  give  notice  in 
some  newspaper  published  in  the  State,  for  a period  of  not 
less  than  four  weeks,  to  the  effect  that  said  school  trustees 
will  sell  said  bonds,  briefly  describing  the  same,  and  stating 
the  time  when,  and  the  place  where  said  sale  will  take  place : 


IDAHO  SCHOOL  LAWS. 


Provided , That  the  said  bonds  must  not  be  sold  for  less 
than  their  par  value,  and  the  trustees  are  authorized  to  re- 
ject any  bids  and  to  sell  said  bonds  at  private  sale  if  they 
deem  it  for  the  best  interest  of  the  district,  and  all  moneys 
arising  from  the  sale  of  said  bonds  must  be  paid  forthwith 
into  the  treasury  of  the  county  in  which  said  district  may 
be  located,  to  the  credit  of  said  district,  and  the  same  are 
immediately  available  for  any  of  the  purposes  authorized  by 
this  chapter. 

Liability  of  School  District. 

Section  645.  The  faith  of  each  school  district  is  sol- 
emnly pledged  for  the  payment  of  the  interest  and  the  re- 
demption of  the  principle  of  all  bonds,  which  are  issued  un- 
der this  article.  And  for  the  purpose  of  enforcing  the  pro- 
visions of  this  article,  each  school  district  is  a body  corpo- 
rate, and  may  sue  and  be  sued  by  or  in  the  name  of  the 
board  of  school  trustees  of  said  district. 

Tax  Levy  to  Pay  Bonds : Investment  of  Sinking  Fund. 

Section  646.  The  school  trustees  of  each  district  must 
ascertain  and  levy  annually  the  tax  necessary  to  pay  the  in- 
terest as  it  becomes  due  and  a sinking  fund  to  redeem  the 
bonds  at  their  mataurity,  and  said  tax  is  a lien  upon  the 
property  of  said  school  district,  and  must  be  collected  in  the 
same  manner  as  other  taxes  for  school  purposes : Provided, 
That  the  said  sinking  fund  may,  at  the  discretion  of  the 
board,  be  loaned  on  first  mortgage  or  improved  farm  lands, 
but  no  loan  shall  exceed  one-third  of  the  market  value  of 
the  land,  exclusive  of  the  improvements  thereon,  given  as 
security  for  such  loans.  The  annual  interest  on  all  loans 
herein  provided  for  shall  be  seven  per  cent.  Said  sinking 
fund  may  be  invested  in  United  States  bonds,  State  bonds, 
county  bonds,  county  or  State  warrants,  when  the  market 
value  thereof  is  not  below  par,  at  the  discretion  of  said 
board. 

Redemption  of  Bonds. 

Section  647.  When  the  sum  in  the  sinking  fund  equals 
or  exceeds  the  amount  of  any  bond  then  due,  the  county 
treasurer  shall  post  in  his  office  a notice  that  he  will,  within 
thirty  days  from  the  date  of  such  notice,  redeem  the  bonds 
then  payable,  giving  the  number  thereof;  and  preference 


IDAHO  SCHOOL  LAWS. 


must  be  given  to  the  oldest  issue ; and  if,  at  the  expiration 
of  the  said  thirty  days,  the  holder  or  holders  of  said  bonds 
shall  fail  or  neglect  to  present  the  same  for  payment,  inter- 
est thereon  must  cease ; but  the  treasurer  shall,  at  all  times 
thereafter,  be  ready  to  redeem  the  same  on  presentation, 
and  when  any  bonds  are  so  purchased  or  redeemed,  the 
county  treasurer  must  cancel  the  same  by  writing  across  the 
face  of  each  bond,  in  red  ink,  the  word  “Redeemed,”  and 
date  of  such  redemption. 

Payment  of  Interest  on  Bonds. 

Section  648.  The  county  treasurer  must  pay  out  of  any 
moneys  belonging  to  a school  district,  the  interest  upon  any 
bonds  issued  under  this  article  by  such  school  district  when 
the  same  becomes  due,  upon  the  presentation,  at  his  office, 
of  the  proper  coupon,  which  must  show  the  amount  due  and 
the  number  of  the  bond  to  which  it  belonged;  and  all  cou- 
pons so  paid  must  be  reported  to  the  school  trustees  at  the 
first  meeting  thereafter. 

Bonds  to  Be  Printed. 

Section  649.  The  school  trustees  of  any  district  must 
cause  to  be  printed  or  lithographed  at  the  lowest  rates,  suit- 
able bonds,  with  the  coupons  attached,  when  the  same  be- 
comes necessary,  and  pay  therefor  out  of  any  moneys  in  the 
county  treasury  to  the  credit  of  the  school  district. 

Neglect  to  Pay  Over  Money  a Felony. 

Section  650.  If  any  of  the  school  trustees  fraudulently 
fail  or  refuse  to  pay,  into  the  proper  county  treasury,  the 
money  arising  from  the  sale  of  any  bonds  provided  for  by 
this  article,  they  are  guilty  of  a felony. 


